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DOCUMENTARY HISTORY

OF THE

C O xN ST I TUT I O N

UNITED STATES OF AMERICA

1787—1870

DERIVED FROM THE RECORDS, MANUSCRIPTS, AND ROLLS DEPOS-
ITED IN THE BUREAU OF ROLLS AND LIBRARY OF
THE DEPARTMENT OF STATE

Volume II

WASHINGTON

DKPARtMENT OF STATK
1894

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CONTENTS.

Pace.
Letter of the President of the Federal Convention to the President

OF Congress, Transmitting the Constitution i

Thk Constitution 3

Resolution of the Federal Convention Submitting the Constitution to

Congress 20

Resolution of Congress Submitting the Constitution to the Several

States 22

Circular Letter of the Secretary of Congress Transmitting Copy of the

Constitution to the Several Governors 23

(Ratifications of the Constitution: Delaware, 24 — Pennsylvania, 27 — New Jersey,
46 — Georgia, 65 — Connecticut, 86 — Massachusetts, 90 — Maryland, 97 — South
Carolina, 123 — New Hampshire, 141 — Virginia, 145 — New York, 174 — North
Carolina, 266 — Rhode Island, 291 — Vermont, 371.)

Proceedings of Congress 161, 204

Resolution of Congrf^ss Proposing Amendatory Articles to the Several

States 321

(Ratifications : New Jersey, 325 — Maryland, 330 — North Carolina, 335 — South
Carolina, 340 — New Hampshire, 345 — Delaware, 347 — Pennsylvania, 352,
367 — New York, 357 — Rhode Island, 363 — Vermont, 374 — Virginia, 385.)
Recommendation of «* Subsequent Amendments" by Virginia . . . 377
Resolution of Congress Proposing Eleventh Amendment . . .391

(Ratifications: Virginia, 392 — Kentucky, 394 — Maryland, 397 — Connecticut,
401 — North Carolina, 402 — South Carolina, 405.)
Resolution of Congress Proposing Twelfth Amendment .... 408
(Ratifications: Maryland, 411 — Virginia, 414 — Ohio, 417 — Pennsylvania, 423 —
Vermont, 427 — Rhode Island, 430 — New Jersey, 433 — Georgia, 440 — Ten-
nessee, 447.)
(Rejection by Connecticut, 437.)
Acknowledgment by Kentucky of the Official Notification of the

Adoption of the Twelfth Amendment 451

Resolution of Congress Proposing Thirteenth Amendment, Respecting

Titles of Nobility 452

(Ratifications: Maryland, 454 — Kentucky, 460 — Ohio, 463 — Delaware, 466 —
Pennsylvania, 469 — New Jersey, 474 — Vermont, 478 — Tennessee, 481 — Geor-
gia, 486— North Carolina, 493 — New Hampshire, 497.)
(Rejections: New York, 500 — Connecticut, 502 — 5)outh Carolina, 508 — Rhode

Island, 514.)

Ill

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IV CONTENTS.

Page.

Resolution of Congress Proposing Thirteenth Amendment, Respecting
Noninterference with Domestic Affairs of the States . .516

(Ratification by Illinois, 518.)
Resolution of Congress Proposing Thirteenth Amendment . . . 520
(Ratifications: Rhode Island, 522 — Illinois, 523 — Michigan, 525 — Maryland,
528 — New York, 533 — West Virginia, 535 — Massachusetts, 538 — Pennsylvania,
547 — Maine, 549— Kansas, 552 — Ohio, 556 — Minnesota, 559 — Virginia, 561 —
Indiana, 564 — Nevada, 570 — Louisiana, 573 — Wisconsin, 588 — Missouri,
593 — Tennessee, 595 — Vermont, 597 — Arkansas, 600 — Connecticut, 602 —
New Hampshire, 604 — South Carolina, 605 — North Carolina, 607 — Alabama,
609 — Georgia, 612 — Oregon, 617 — California, 619 — Florida, 624 — New Jer-
sey, 627 — Iowa, 630 — Texas, 634.)
Declaration of the Adoption of the Thirteenth Amendment 636

Resolution of Congress Proposing Fourteenth Amendment . . 638

(Ratifications: Connecticut, 641 — New Hampshire, 645 — Tennessee, 653 — New
Jersey, 657 — Oregon, 661 — Vermont, 664 — New York, 668 — Ohio, 675 — Illi-
nois, 690 — West Virginia, 693 — Kansas, 697 — Maine, 701 — Nevada, 705 —
Missouri, 709— Indiana, 713 — Minnesota, 717 — Rhode Island, 720 — Wiscon-
sin, 723 — Pennsylvania, 727 — Michigan, 731 — Massachusetts, 735 — Nebraska,
739— Iowa, 743 — Arkansas, 747 — Florida, 751 — North Carolina, 754 — Lou-
isiana, 758 — South Carolina, 761 — Alabama, 765 — Georgia, 769 — Virginia,
772 — Mississippi, 776— ^Texas, 779.)
Declaration of the Secretary of State Conditionally Announcing the

Adoption of the Fourteenth Amendment 783

Declaration of the Secretary of State Positively Announcing the

Adoption of the Fourteenth- Amendment 788

Resolution of Congress Proposing Fifteenth Amendment .... 795
(Ratifications: Nevada, 797— North Carolina, 800 — West Virginia, 803 — Louisi-
ana, 806 — Illinois, 808 — Michigan, 810 — Wisconsin, 812 — Massachusetts,
814 — Maine, 819 — South Carolina, 825 — Pennsylvania, 828 — Arkansas, 831 —
New York, 833 — Indiana, 836 — Connecticut, 839— Florida, 841 — New Hamp-
shire, 843 — Virginia, 845 — Vermont, 848 — Alabama, 850 — Missouri, 853 —
Mississippi, 856 — Rhode Island, 863 — Kansas, 868 — Ohio, 870 — Georgia,
875 — Iowa, 877 — Nebraska, 879 — ^Texas, 888 — Minnesota, 891 — New Jersey,
896.)
Declaration by the Secretary of State of the Adoption of the Fif-
teenth Amendment 893

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Documentary History of the Constitution
of the United States of America.

1786-1870.

In Convention, September 17, 1787.*
Sir,

We have now the honor to submit to the consideration of
the United States in Congress assembled, that Constitution
which has appeared to us the most adviseable.

The friends of our country have long seen and desired,
that the power of making war, peace, and treaties, that of
levying money and regulating commerce, and the corre-
spondent executive and judicial authorities should be fully
and effectually vested in the general government of the
Union: But the impropriety of delegating such extensive
trust to one body of men is evident — Hence results the
necessity of a different organization.

It is obviously impracticable in the federal government of
these states, to secure all rights of independent sovereignty
to each, and yet provide for the interest and safety of all :
Individuals entering into society, must give up a share of
liberty to preserve the rest. The magnitude of the sacrifice
must depend as well on situation and circumstance, as on
the object to be obtained. It is at all times difficult to draw

*From Washington's copy of the Jouraal of Congress (vol. xii, p. 164), the original not
haymg been found among the papers of the Continental Congress up to the time of going to
press.

3 AP 1. «

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with precision the line between those rights which must be
surrendered, and those which may be reserved ; and on the
present occasion this difficulty was encreased by a difference
among the several states as to their situation, extent, habits,
and particular interests.

In all our deliberations on this subject we kept steadily in
our view, that which appears to us the greatest interest of
every true American, the consolidation of our Union, in
which is involved our prosperity, felicity, safety, perhaps our
national existence. This important consideration, seriously
and deeply impressed on our minds, led each state in the
Convention to be less rigid on points of inferior magnitude,
than might have been otherwise expected ; and thus the Con-
stitution, which we now present, is the result of a spirit of
amity, and of that mutual deference and concession which
the peculiarity of our political situation rendered indispensible.

That it will meet the full and entire approbation of every
state is not perhaps to be expected ; but each will doubtless
consider, that had her interest been alone consulted, the con-
sequences might have been particularly disagreeable or in-
jurious to others ; that it is liable to as few exceptions as
could reasonably have been expected, we hope and believe ;
that it may promote the lasting welfare of that country so
dear to us all, and secure her freedom and happiness, is our
most ardent wish.

With great respect, We have the honor to be, Sir,
Your Excellency's

most obedient and humble servants,

George Washington, PresidetU.
By unanimous Order of the Convention.
His Excellency the President of Congress.

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We the People of the United States, in Order to form a more
perfect Union, establish Justice, insure domestic Tranquility,
provide for the common defence, promote the general Wel-
fare, and secure the Blessings of Liberty to ourselves and
our Posterity, do ordain and establish this Constitution for
the United States of America.

Article. I.

Section, i. All legislative Powers herein granted shall be
vested in a Congress of the United States, which shall consist
of a Senate and House of Representatives.
Section. 2. The House of Representatives shall be composed
of Members chosen every second Year by the People of
the several States, and the Electors in each State shall

the

have Qualifications requisite for Electors of the most nu-
merous Branch of the State Legislature.

No Person shall be a Representative who shall not have
attained to the Age of twenty five Years, and been seven
Years a Citizen of the United States, and who shall not, when
elected, be^an Inhabitant of that State in which he shall be
chosen.

Representatives and direct Taxes shall be apportioned
among the several States which may be included within this
Union, according to their respective Numbers, which shall be
determined by adding to the whole Number of free Persons,
including those bound to Service for a Term of Years, and
excluding Indians not taxed, three fifths of all other Persons.

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^The actual Enumeration shall be made within three Years
after the first Meeting of the Congress of the United States,
and within every subsequent Term of ten Years, in such
Manner as they shall by Law direct. The Number of Rep-
resentatives shall not exceed one for every thirty Thousand,
but each State shall have at Least one Representative; and
until such enumeration shall be made, the State of New
Hampshire shall be entitled to chuse three, Massachusetts
eight, Rhode-Island and Providence Plantations one, Connecti-
cut five. New York six. New Jersey four, Pennsylvania eight,
Delaware one, Maryland six, Virginia ten. North Carolina
five. South Carolina five, and Georgia three.

When vacancies happen in the Representation from any
State, the Executive Authority thereof shall issue Writs of
Election to fill such Vacancies.

The House of Representatives shall chuse their Speaker
and other Officers ; and shall have the sole Power of Impeach-
ment.

Section. 3. The Senate of the United States shall be com-
posed of two Senators from each State, chosen by the Legis-
lature thereof, for six Years; and each Senator shall have
one Vote.

Immediately after they shall be assembled in Consequence
of the first Election, they shall be divided as equally as may
be into three Classes. The Seats of the Senators of the first
Class shall be vacated at the Expiration of the second Year,
of the second Class at the Expiration of the fourth Year,
and of the third Class at the Expiration of the sixth Year, so
that one third may be chosen every second Year ; and if Va-
cancies happen by Resignation, or otherwise, during the Re-
cess of the Legislature of any State, the Executive thereof

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may make temporary Appointments until the next Meeting
of the Legislature, which shall then fill such Vacancies.

No Person shall be a Senator who shall not have attained
to the Age of thirty Years, and been nine Years a Citizen of
the United States, and who shall not, when elected, be an In-
habitant of that State for which he shall be chosen.

The Vice President of the United States shall be Presi-
dent of the Senate, but shall have no Vote, unless they be
equally divided.

The Senate shall chuse their other Officers, and also a
President pro tempore, in the Absence of the Vice President,
or when he shall exercise the Office of President of the United
States.

The Senate shall have the sole Power to try all Impeach-
ments. When sitting for that Purpose, they shall be on Oath

is tried,

or Affirmation. When the President of the United States^ the
Chief Justice shall preside: And no Person shall be con-
victed without the Concurrence of two thirds of the Members
present.

Judgment in Cases of Impeachment shall not extend fur-
ther than to removal from Office, and disqualification to hold
and enjoy any Office of honor. Trust or Profit under the
United States: but the Party convicted shall nevertheless
be liable and subject to Indictment, Trial, Judgment and Pun-
ishment, according to Law.

Section. 4. The Times, Places and Manner of holding Elec-
tions for Senators and Representatives, shall be prescribed in
each State by the Legislature thereof; but the Congress may
at any time by Law make or alter such Regulations, except
as to the Places of chusing Senators.

The Congress shall assemble at least once in every Year,

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and such Meeting shall be on the first Monday in December,
unless they shall by Law appoint a different Day.
Section. 5. Each House shall be the Judge of the Elections,
Returns and Qualifications of its own Members, and a Ma-
jority of each shall constitute a Quorum to do Business ; but
a smaller Number may adjourn from day to day, and may be
authorized to compel the Attendance of absent Members, in
such Manner, and under such Penalties as each House may
provide.

Each House may determine the Rules of its Proceedings,
punish its Members for disorderly Behaviour, and, with the
Concurrence of two thirds, expel a Member.

Each House shall keep a Journal of its Proceedings, and
from time to time publish the same, excepting such Parts as
may in their Judgment require Secrecy; and the Yeas and
Nays of the Members of either House on any question shall,
at the Desire of one fifth of those Present, be entered on the
Journal.

Neither House, during the Session of Congress, shall,
without the Consent of the other, adjourn for more than three
days, nor to any other Place than that in which the two
Houses shall be sitting.

Section. 6. The Senators and Representatives shall receive a
Compensation for their Services, to be ascertained by Law,
and paid out of the Treasury of the United States. They
shall in all Cases, except Treason, Felony and Breach of the
Peace, be privileged from Arrest during their Attendance at
the Session of their respective Houses, and in going to and
returning from the same ; and for any Speech or Debate in
either House, they shall not be questioned in any other Place.

No Senator or Representative shall, during the Time for

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which he was elected, be appointed to any civil Office under
the Authority of the United States, which shall have been
created, or the Emoluments whereof shall have been en-
creased during such time, and no Person holding any Office
under the United States, shall be a Member of either House
during his Continuance in Office.

Section. 7. All Bills for raising Revenue shall originate in
the House of Representatives ; but the Senate may propose
or concur with Amendments as on other Bills.

Every Bill which shall have passed the House of Represen-
tatives and the Senate, shall, before it become a Law, be pre-
sented to the President of the United States ; If he approve
he shall sign it, but if not he shall return it, with his Objec-
tions to that House in which it shall have originated, who shall
enter the Objections at large on their Journal, and proceed
to reconsider it If after such Reconsideration two thirds of
that House shall agree to pass the Bill, it shall be sent, to-
gether with the Objections, to the other House, by which it
shall likewise be reconsidered, and if approved by two thirds
of that House, it shall become a Law. But in all such Cases
the Votes of both Houses shall be determined by yeas and
Nays, and the Names of the Persons voting for and against
the Bill shall be entered on the Journal of each House re-
spectively. If any Bill sliall not be returned by the President
within ten Days (Sundays excepted) after it shall have been
presented to him, the Same shall be a Law, in like Manner as
if he had signed it, unless the Congress by their Adjourn-
ment prevent its Return, in which Case it shall not be a Law.

^very Order, Resolution, or Vote to which the Concur-
rence of the Senate and House of Representatives may
be necessary (except on a question of Adjournment) shall

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be presented to the President of the United States ; and be-
fore the Same shall take Effect, shall be approved by him, or
being disapproved by him, shall be repassed by two thirds of
the Senate and House of Representatives, according to the
Rules and Limitations prescribed in the Case of a Bill.
Section. 8. The Congress shall have Power To lay and col-
lect Taxes, Duties, Imposts and Excises, to pay the Debts
and provide for the common Defence and general Welfare
of the United States; but all Duties, Imposts and Excises
shall be uniform throughout the United States;

To borrow Money on the credit of the United States ;

To regulate Commerce with foreign Nations, and among
the Several States, and with the Indian Tribes ;

To establish an uniform Rule of Naturalization, and uni-
form Laws on the subject of Bankruptcies throughout the
United States ;

To coin Money, regulate the Value thereof, and of foreign
Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Se-
curities and current Coin of the United States;

To establish Post Offices and post Roads ;

To promote the Progress of Science and useful Arts, by
securing for limited Times to Authors and Inventors the ex-
clusive Right to their respective Writings and Discoveries ;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on
the high Seas, and Offences against the Law of Nations ;

To declare War, grant Letters of Marque and Reprisal,
and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of
Money to that Use shall be for a longer Term than two Years ;

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To provide and maintain a Navy ;

To make Rules for the Government and Regulation of
the land and naval Forces ;

To provide for calling forth the Militia to execute the
Laws of the Union, suppress Insurrections and repel Inva-
sions ;

To provide for organizing, arming, and disciplining, the
Militia, and for governing such Part of them as may be em-
ployed in the Service of the United States, reserving to the
States respectively, the Appointment of the Officers, and the
Authority of training the Militia according to the discipline
prescribed by Congress ; '

To exercise exclusive Legislation in all Cases whatsoever,
over such District (not exceeding ten Miles square) as may,
by Cession of particular S.tates, and the Acceptance of Con-
gress, become the Seat of the Government of the United
States, and to exercise like Authority over all Places pur-
chased by the Consent of the Legislature of the State in
which the Same shall be, for the Erection of Forts, Magazines,
Arsenals, dock- Yards, and other needful Buildings; — And

To make all Laws which shall be necessary and proper
for carrying into Execution the foregoing Powers, and all
other Powers vested by this Constitution in the Government
of the United States, or in any Department or Officer thereof.
Section. 9. The Migration or Importation of such Persons as
any of the States now existing shall think proper to admit,
shall not be prohibited by the Congress prior to the Year one
thousand eight hundred and eight, but a Tax or duty may be
imposed on such Importation, not exceeding ten dollars for
each Person.

The Privilege of the Writ of Habeas Corpus shall not be

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suspended, unless when in Cases of Rebellion or Invasion
the public Safety may require it.

No Bill of Attainder or ex post facto Law shall be passed.

No Capitation, or other direct, Tax shall be laid, unless
in Proportion to the Census or Enumeration herein before
directed to be taken.

No Tax or Duty shall be laid on Articles exported from
any State.

No Preference shall be given by any Regulation of Com-
merce or Revenue to the Ports of one State over those of
another: nor shall Vessels bound to, or from, one State, be
obliged to enter, clear, or pay Duties in another.

No Money shall be drawn from the Treasury, but in Con-
sequence of Appropriations made by Law; and a regular
Statement and Account of the Receipts and Expenditures of
all public Money shall be published from time to time.

No Title of Nobility shall be granted by the United States :
And no Person holding any Office of Profit or Trust under
them, shall, without the Consent of the Congress, accept of
any present, Emolument, Office, or Title, of any kind what-
ever, from any King, Prince, or foreign State.
Section. lo. No State shall enter into any Treaty, Alliance,
or Confederation; grant Letters of Marque and Reprisal;
coin Money; emit Bills of Credit; make any Thing but gold
and silver Coin a Tender in Payment of Debts; pass any
Bill of Attainder, ex post facto Law, or Law impairing the
Obligation of Contracts, or grant any Title of Nobility.

the

No State shall, without the Consent of^ Congress, lay any
Imposts or Duties on Imports or Exports, except what may
be absolutely necessary for executing it's inspection Laws:
and the net Produce of all Duties and Imposts, laid by any

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State on Imports or Exports, shall be for the Use of the
Treasury of the United States ; and all such Laws shall be

the

subject to the Revision and Controul of Congress.

No State shall, without the Consent of Congress, lay any
Duty of Tonnage, keep Troops, or Ships of War in time of
Peace, enter into any Agreement or Compact with another
State, or with a foreign Power, or engage in War, unless ac-
tually invaded, or in such imminent Danger as will not admit

of delay.

Article. 11.

Section, i. The executive Power shall be vested in a Pres-
ident of the United States of America. He shall hold his
Office during the Term of four Years, and, together with the
Vice President, chosen for the same Term, be elected, as fol-
lows

Each State shall appoint, in such Manner as the Legis-
lature thereof may direct, a Number of Electors, equal to the
whole Number of Senators and Representatives to which
the State may be entitled in the Congress: but no Senator
or Representative, or Person holding an Office of Trust or
Profit under the United States, shall be appointed an Elector.

The Electors shall meet in their respective States, and
vote by Ballot for two Persons, of whom one at least shall not
be an Inhabitant of the same State with themselves. And
they shall make a List of all the Persons voted for, and of the
Number of Votes for each; which List they shall sign and cer-
tify, and transmit sealed to the Seat of the Government of the
United States, directed to the President of the Senate. The
President of the Senate shall, in the Presence of the Senate
and House of Representatives, open all the Certificates, and
the Votes shall then be counted. The Person having the

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greatest Number of Votes shall be the President, if such
Number be a Majority of the whole Number of Electors ap-
pointed ; and if there be more than one who have such Ma-
jority, and have an equal Number of Votes, then the House
of Representatives shall immediately chuse by Ballot one of
them for President; and if no Person have a Majority, then
from the five highest on the List the said House shall in like
Manner chuse the President. But in chusing the President,
the Votes shall be taken by States, the Representation from
each State having one Vote ; A quorum for this Purpose shall
consist of a Member or Members from two thirds of the
States, and a Majority of all the States shall be necessary to
a Choice. In every Case, after the Choice of the President,
the Person having the greatest Number of Votes of the
Electors shall be the Vice President. But if there should
remain two or more who have equal Votes, the Senate shall
chuse from them by Ballot the Vice President.

The Congress may determine the Time of chusing the
Electors, and the Day on which they shall give their Votes ;
which Day shall be the same throughout the United States.

No Person except a natural born Citizen, or a Citizen of
the United States, at the time of the Adoption of this Consti-
tution, shall be eligible to the Office of President; neither
shall any Person be eligible to that Office who shall not have
attained to the Age of thirty five Years, and been fourteen
Years a Resident within the United States.

In Case of the Removal of the President from Office, or
of his Death, Resignation, or Inability to discharge the Powers
and Duties of the said Office, the Same shall devolve on the
Vice President, and the Congress may by Law provide for
the Case of Removal, Death, Resignation or Inability, both

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of the President and Vice President, declaring what Officer
shall then act as President, and such Officer shall act accord-
ingly, until the Disability be removed, or a President shall
be elected.

The President shall, at stated Times, receive for his
Services, a Compensation, which shall neither be encreased
nor diminished during the Period for which he shall have
been elected, and he shall not receive within that Period any
other Emolument from the United States, or any of them.

Before he enter on the Execution of his Office, he shall
take the following Oath or Affirmation: — '*I do solemnly
swear (or affirm) that I will faithfully execute the Office of
President of the United States, and will to the best of my
Ability, preserve, protect and defend the Constitution of the
United States."

Section. 2. The President shall be Commander in Chief of
the Army and Navy of the United States, and of the Militia
of the several States, when called into the actual Service of
the United States ; he may require the Opinion, in writing,
of the principal Officer in each of the executive Departments,
upon any Subject relating to the Duties of their respective
Offices, and he shall have Power to grant Reprieves and Par-
dons for Offences against the United States, except in Cases
of Impeachment.

He shall have Power, by and with the Advice and Consent
of the Senate, to make Treaties, provided two thirds of the
Senators present concur; and he shall nominate, and by and
with the Advice and Consent of the Senate, shall appoint .
Ambassadors, other public Ministers and Consuls, Judges of
the supreme Court, and all other Officers of the United
States, whose Appointments are not herein otherwise pro-

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vided for, and which shall be established by Law: but the
Congress may by Law vest the Appointment of such inferior
Officers, as they think proper, in the President alone, in the
Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all Vacancies
that may happen during the Recess of the Senate, by grant-
ing Commissions which shall expire at the End of their next
Session.

Section. 3. He shall from time to time give to the Congress
Information of the State of the Union, and recommend to their
Consideration such Measures as he shall judge necessary and
expedient ; he may, on extraordinary Occasions, convene both
Houses, or either of them, and in Case of Disagreement be-
tween them, with Respect to the Time of Adjoumpient, he
may adjourn them to such Time as he shall think proper;
he shall receive Ambassadors and other public Ministers;
he shall take Care that the Laws be faithfully executed, and
shall Commission all the Officers of the United States.
Section. 4. The President, Vice President and all civil Officers
of the United States, shall be removed from Office on Im-
peachment for, and Conviction of. Treason, Bribery, or other
high Crimes and Misdemeanors.

Article III.

Section, i. The judicial Power of the United States, shall be
vested in one supreme Court, and in such inferior Courts as
the Congress may from time to time ordain and establish.
The Judges, both of the supreme and inferior Courts, shall
hold their Offices during good Behaviour, and shall, at stated
Times, receive for their Services, a Compensation, which shall
not be diminished during their Continuance in Office,

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Section. 2. The judicial Power shall extend to all Cases, in
Law and Equity, arising under this Constitution, the Laws of
the United States, and Treaties made, or which shall be made,
under their Authority; — to all Cases affecting Ambassadors,
other public Ministers and Consuls ; — to all Cases of admiralty
and maritime Jurisdiction; — to Controversies to which the
United States shall be a Party ; — to Controversies between
two or more States ; — between a State and Citizens of an-
other State ; — between Citizens of different States, — between
Citizens of the same State claiming Lands under Grants of
different States, and between a State, or the Citizens thereof,
and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers
and Consuls, and those in which a State shall be Party, the
supreme Court shall have original Jurisdiction. In all the
other Cases before mentioned, the supreme Court shall have
appellate Jurisdiction, both as to Law and Fact, with such
Exceptions, and under such Regulations as the Congress
shall make.

The Trial of all Crimes, except in Cases of Impeachment,
shall be by Jury; and such Trial shall be held in the State
where the said Crimes shall have been committed; but when
not committed within any State, the Trial shall be at such
Place or Places as the Congress may by Law have directed.
Section. 3. Treason against the United States, shall consist
only in levying War against them, or in adhering to their
Enemies, giving them Aid and Comfort. No Person shall
be convicted of Treason unless on the Testimony of two
Witnesses to the same overt Act, or on Confession in
open Court.

The Congress shall have Power to declare the Punish-

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ment of Treason, but no Attainder of Treason shall work
Corruption of Blood, or Forfeiture except during the Life of
the Person attainted.

Article. IV.

Section, i. Full Faith and Credit shall be given in each State
to the public Acts, Records, and judicial Proceedings of every
other State. And the Congress may by general Laws pre-
scribe the Manner in which such Acts, Records and Proceed-
ings shall be proved, and the Effect thereof.
Section. 2. The Citizens of each State shall be entitled to all
Privileges and Immunities of Citizens in the several States.

A Person charged in any State with Treason, Felony, or
other Crime, who shall flee from Justice, and be found in an-
other State, shall on Demand of the executive Authority of
the State from which he fled, be delivered up, to be removed
to the State having Jurisdiction of the Crime.

No Person held to Service or Labour in one State, under
the Laws thereof, escaping into another, shall, in Consequence
of any Law or Regulation therein, be discharged from such
Service or Labour, but shall be delivered up on Claim of the
Party to whom such Service or Labour may be due.
Section. 3. New States may be admitted by the Congress
into this Union ; but no new State shall be formed or erected
within the Jurisdiction of any other State ; nor any State be
formed by the Junction of two or more States, or Parts of
States, without the Consent of the Legislatures of the States
concerned as well as of the Congress.

The Congress shall have Power to dispose of and make
all needful Rules and Regulations respecting the Territory or
other Property belonging to the United States ; and nothing

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in this Constitution shall be so construed as to Prejudice any
Claims of the United States, or of any particular State.
Section. 4. The United States shall guarantee to every State
in this Union a Republican Form of Government, and shall
protect each of them against Invasion ; and on Application of
the Legislature, or of the Executive (when the Legislature
cannot be convened) against domestic Violence.

Article. V. .

The Congress, whenever two thirds of both Houses shall
deem it necessary, shall propose Amendments to this Con-
stitution, or, on the Application of the Legislatures of two
thirds of the several States, shall call a Convention for pro-
posing Amendments, which, in either Case, shall be valid to
all Intents and Purposes, as Part of this Constitution, when
ratified by the Legislatures of three fourths of the several
States, or by Conventions in three fourths thereof, as the one
or the other Mode of Ratification may be proposed by the
Congress ; Provided that no Amendment which may be made
prior to the Year One thousand eight hundred and eight shall
in any Manner affect the first and fourth Clauses in the Ninth
Section of the first Article; and that no State, without its
Consent, shall be deprived of it's equal Suffrage in the Senate.

Article. VI.

All Debts contracted and Engagements entered into, be-
fore the Adoption of this Constitution, shall be as valid
against the United States under this Constitution, as under
the Confederation.

This Constitution, and the Laws of the United States
which shall be made in Pursuance thereof; and all Treaties
3 AP 2.

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made, or which shall be made, under the Authority of the
United States, shall be the supreme Law of the Land ; and
the Judges in every, State shall be bound thereby, any Thing
in the Constitution or Laws of any State to the Contrary
notwithstanding.

The Senators and Representatives before mentioned, and
the Members of the several State Legislatures, and all execu-
tive and judicial Officers, both of the United States and of
the several States, shall be bound by Oath or Affirmation, to
support this Constitution ; but no religious Test shall ever be
required as a Qualification to any Office or public Trust un-
der the United States.

Article. VII.

The Ratification of the Conventions of nine States, shall
be sufficient for the Establishment of this Constitution be-
tween the States so ratifying the Same.
The Word, " the," i^ing in- done in Convention by the Unani-

terlined between the seventh ^ r \ c^

and eighth Lines of the first ^ous Conscnt of the States present
Page. The Word " Thirty" ^j^^ Seventeenth Day of September in

being partly written on an j i:

Erazure in the fifteenth Line ^^ Year of our Lord One thousand

of the first Page, The Words

"is tried" being interlined seven hundred and Eighty seven and

between the thirty second and

thirty third Lines of the first of the Independance of the United

Page and the Word "the" ^ - . . i_ -r- in t

being interlined between the States of America the Twelfth In
SL otle"'con^^^^ ^^t"^ss whereof We have hereunto

subscribed our Names,

G^ Washington — Presid'
and deputy from Virginia
Attest William Jackson Secretary

-- ,. , John Langdon )

New Hampshire \ V .

Nicholas Oilman J

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Massachusetts

Connecticut
New York .

New Jersey

Pensylvania

Delaware

Maryland

Virginia

North Carolina

Nathaniel Gorham
RuFus King

W^ Sam^ Johnson
Roger Sherman

Alexander Hamilton

Wil: Livingston

David Brearlev.

W^ Paterson.

Jona: Dayton

B Franklin

Thomas Mifflin

RoB*^ Morris

Geo. Clymer

Tho^ FitzSimons

Jared Ingersoll

James Wilson

Gouv Morris

Geo: Read

Gunning Bedford jun

John Dickinson

Richard Bassett

J ago: Broom

James M^Henry

Dan of S'^ Tho^ Jenifer

Dan^ Carroll

John Blair —

James Madison Jr.

W^ Blount

RicH^ DoBBs Spaight.

Hu Williamson

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South Carolina

Georgia

j. rutledge

Charles Cotesworth Pinckney

Charles Pinckney

Pierce Butler.

William Few
Abr Baldwin

In Convention Monday September 17"** 1787.

Present
The States of
New Hampshire, Massachusetts, Connecticut, M' Hamilton
from New York, New Jersey, Pennsylvania, Delaware, Mary-
land, Virginia, North Carolina, South Carolina and Georgia.
Resolved,

That the preceeding Constitution be laid before the
United States in Congress assembled, and that it is the
Opinion of this Convention, that it should afterwards be sub-
mitted to a Convention of Delegates, chosen in each State
by the People thereof, under the Recommendation of its Leg-
islature, for their Assent and Ratification ; and that each Con-
vention assenting to, and ratifying the Same, should give No-
tice thereof to the United States in Congress assembled.
Resolved, That it is the Opinion of this Convention, that as
soon as the Conventions of nine States shall have ratified this
Constitution, the United States in Congress assembled should
fix a Day on which Electors should be appointed by the States
which shall have ratified the same, and a Day on which the
Electors should assemble to vote for the President, and the
Time and Place for commencing Proceedings under this Con-

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stitution. That after such Publication the Electors should
be appointed, and the Senators and Representatives elected :
That the Electors should meet on the Day fixed. for the Elec-
tion of the President, and should transmit their Votes certi-
fied, signed, sealed and directed, as the Constitution requires,
to the Secretary of the United States in Congress assembled,
that the Senators and Representatives should convene at the
Time and Place assigned ; that the Senators should appoint
a President of the Senate, for the sole Purpose of receiving,
opening and counting the Votes for President; and, that after
he shall be chosen, the Congress, together with the President,
should, without Delay, proceed to execute this Constitution.

By the Unanimous Order of the Convention

,G^ Washington Presid'

W. Jackson Secretary.

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Friday Sept 28. 1787*

Sept 28 Congress assembled present Newhampshire Massachu-
setts Connecticut New York New Jersey Pensylvania, Dela-
ware Virginia North Carolina South Carolina and Georgia
and from Maryland M*^ Ross

Congress having received the report of the Convention
lately assembled in Philadelphia

Resolved Unanimously that the said Report with the res-
olutions and letter accompanying the same be transmitted
to the several legislatures in Order to be submitted to a con-
vention of Delegates chosen in each state by the people
thereof in conformity to the resolves of the Convention made
and provided in that case.

*From the "Rough" Journal of Congress (No. i, vol. 38).
22

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(Circular)*

Office of Secretary of Congress

Sep* 28* 1787—
Sir

In obedience to an unanimous resolution of the United
States in Congress Assembled, a copy of which is annexed, I
have the honor to transmit to Your Excellency, the Report of
the Convention lately Assembled in Philadelphia, together
with the resolutions and letter accompanying the same ; And
have to request that Your Excellency will be pleased to lay
the same before the Legislature, in order that it may be sub-
mitted to a Convention of Delegates chosen in Your State by
the people of the State in conformity to the resolves of the
Convention, made & provided in that case. —

with the greatest respect

I have the honor &c —

C: T—
transmitting the |

Report of the Convention j

* From tbe recorded letters of the "Office of Secretary of Congress" (No. 18, p. 129).

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Delaware State. Kent County. —

December 22"* 1787 —
Sir.

I received yours of the 28**" of Novb*^ last, enclosed there-
with the Journals of Congress from the 6^^ of Novb*^ 1786.
to the 30* of October 1787 —

I have attended to the reasons Assigned by you with
regard to a Speedy and constant representation in Congress,
and am perfectly of your Opinion, that the honor and Interest
of the Confederacy require it. — ^Therefore I have taken the
Necessary Steps to furnish a speedy Representation in Con-
gress from this State, which I trust will be accomplished in a
short time. — I have herewith enclosed a Certified Copy of the
Ratification of the Fcederal Constitution, as formed by the
Convention of the United States, at Philadelphia in Septem-
ber last, by a Convention of this State, which you are re-
quested to lay before Congress. —
I am with due respect

Your Very Hm^^ Ser^

Tho^ Collins
Charles Thomson Esq*^

[indorsement.]

Letter — Dec' 22*^ 1787 —

President of Convention state of Delaware — transmitting

ratification of the Constitution —

Read Jan^— 22^ 1788—

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We the Deputies of the People of the Delaware State, in
Convention met, having taken into our serious consideration
the Foederal Constitution proposed and agreed upon by the
Deputies of the United States in a General Convention held
at the City of Philadelphia on the seventeenth day of Septem-
ber in the year of our Lord one thousand seven hundred and
eighty seven, Have approved, assented to, ratified, and con-
firmed, and by these Presents, Do, in virtue of the Power
and Authority to us given for that purpose, for and in behalf
of ourselves and our Constituents, fully, freely, and entirely
approve of, assent to, ratify, and confirm the said Constitution.
Done in Convention at Dover this seventh day of Decem-
ber in the year aforesaid, and in the year of the Independ-
ence of the United States of America the twelfth. In Testi-
mony whereof we have hereunto subscribed our Names —
Sussex County Kent County

John Ingram Nicholas Ridgelev

John Jones Richard Smith

William Moore George Truitt

William Hall Richard Bassett

Thomas Laws James Sykes

Isaac Cooper Allen M^Lane

Woodman Storkly Daniel Cummins sen*^
John Laws Joseph Barker

Thomas Evans Edward White

Israel Holland George Manlove

New Castle County
Ja^ Latimer, President
James Black
Jn^ James
Gunning Bedford Sen"*

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Kensey Johns

Thomas Watson

Solomon Maxwell

Nicholas Way

Thomas Duff

GuNN^ Bedford Jun'
To all whom these Presents shall come Greeting, I Thomas
Collins President of the Delaware State do hereby certify,

, jthat the above instrument of writing is a true copy of the

< original ratification of the Foederal Constitution by the Con-

•— 'vention of the Delaware State, which original ratification is
now in my possession. In Testimony whereof I have caused *
the seal of the Delaware State to be hereunto annexed.

Tho^ Collins

[indorsement.]

Delaware.
Ratification of the Foederal Constitution by the Delaware
State —

Recorded — page 78. —

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Sir In Convention

December y* 15. .1787

of ihe Convention of

In Compliance with the Directions of the State of Penn-
sylvania I have now the Honor of transmitting by the Secre-
tary the Ratification of the Constitution of the late General
Convention, together with sundry Resolutions respecting a
Cession of Territory and temporary Residence of the Honor-
able the Congress of the United States, and am
With every Sentiment of Respect

Your Excellency's Obedient Servant

Fkedk. Augustus Muhlenberg

President.
[address.]

His Excellency The President of Congress.

[indorsement.]

' Letter — Dec' 15'*^ 1787-7-
President of Convention of State of Pens* transmitting rati-
fication of the New Constitution & offer of ten mile Square
&c —

Read Jan^ 22^ 1788
see file — Offers of the States — with Acts &c —

We the People of the United States in order to form a
more perfect union, establish justice insure domestic tran-
quility, provide for the common defence, promote the general

welfare, and secure the blessings of liberty to ourselves and

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our posterity, do ordain and establish this constitution for the
United States of America.

Article I.

Sect. I. All legislative powers herein granted shall be vested
in a Congress of the United States, which shall consist of a
Senate and House of Representatives.

Sect. 2. The House of Representatives shall be composed of
members chosen every second year by the people of the
several states, and the electors in each state shall have the
qualifications requisite for electors of the most numerous

state

branch of the ^legislature.

No person shall be a representative who shall not have
attained to the age of twenty five years, and been seven years
a citizen of the United States, and who shall not, when elected,
be an inhabitant of that state in which he shall be chosen.

Representatives and direct Taxes shall be apportioned
among the several states which may be included within this
Union, according to their respective numbers, which shall be
determined by adding to the whole number of free persons,
including those bound to service for a term of years, and
excluding Indians not taxed, three fifths of all other persons.
The actual enumeration shall be made within three years
after the first meeting of the Congress of the United States,
and within every subsequent term of ten years, in such man-
ner as they shall by law direct. The number of representa-
tives shall not exceed one for every thirty thousand, but each
state shall have at least one representative ; and until such
enumeration shall be made, the state of New Hampshire shall
be entitled to chuse three, Massachusetts eight, Rhode Island
and Providence Plantations one, Connecticut five. New York

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Six, New Jersey four, Pennsylvania eight, Delaware one,
Maryland Six, Virginia Ten, North Carolina five. South Caro-
lina five, and Georgia three.

When vacancies happen in the representation from any
state, the Executive authority thereof shall issue writs of elec-
tion to fill such vacancies.

The House of representatives shall chuse their Speaker
and other officers ; and shall have the sole power of impeach-
ment.

Sect. 3. The Senate of the United States shall be composed
of two Senators from each state, chosen by the legislature
thereof, for six years ; and each Senator shall have one vote.

Immediately after they shall be assembled in consequence
qf the first election, they shall be divided as equally as may
be into three classes. The seats of the senators of the first
class shall be vacated at the expiration of the second year, of
the second class at the expiration of the fourth year, and
of the third class at the expiration of the sixth year, so that
one third may be chosen every second year; and if vacan-
cies happen by resignation, or otherwise, during the recess
of the Legislature of any state, the Executive thereof may
make temporary appointments until the next meeting of the
Legislature, which shall then fill such vacancies.

No person shall be a Senator who shall not have attained
to the age of thirty years, and be nine years a citizen of the
United States, and who shall not, when elected, be an in-
habitant of that state for which he shall be chosen.

The Vice President of the United States shall be Presi-
dent of the Senate but shall have no vote, unless they be
equally divided.

The Senate shall chuse their other officers, and also a

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President pro tempore, in the absence of the Vice President,
or when he shall exercise the office of President of the United
States.

The Senate shall have the sole power to try all impeach-
ments. When sitting for that purpose, they shall be on Oath
or Affirmation. When the President of the United States is
tried, the Chief Justice shall preside: and no person shall be
convicted without the concurrence of two thirds of the mem-
bers present.

Judgment in cases of impeachment shall not extend
further than to removal from office, and disqualification to
hold and enjoy any office of honor, trust or profit under the
United States ; but the party convicted shall nevertheless be
liable and subject to indictment, trial, judgment and punish-
nient, according to law.

Sect. 4. The times, places and manner of holding elections
for Senators and Representatives, shall be prescribed in each
state by the Legislature thereof; but the Congress may at
any time by law make or alter such regulations, except as to
the places of chusing Senators.

The Congress shall assemble at least once^every year,
and such meeting shall be on the first Monday in December,
unless they shall by law appoint a different day.
Sect. 5. Each house shall be the judge of the elections, re-
turns and qualifications of its own members, and a majority
of each shall constitute a quorum to do business; but a
smaller number may adjourn from day to day, and may be
authorized to compel the attendance of absent members, in
such manner, and under such penalties as each house may
provide.

Each house may determine the rules of its proceedings,

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punish its members for disorderly behaviour, and, with the
concurrence of two thirds, expel a member.

Each house shall keep a journal of its proceedings, and
from time to time publish the same, excepting such parts as
may in their judgment require secrecy; and the yeas and
nays of the members of either house on any question shall, at
the desire of one fifth of those present, be entered on the
journal.

Neither house, during the session of Congress, shall, with-
out the consent of the other, adjourn for more than three
days, nor to any other place than that in which the two
houses shall be sitting.

Sect 6. The Senators and Representatives shall receive a
compensation for their services, to be ascertained by law, and
paid out of the Treasury of the United States. They shall
in all cases, except treason, felony and breach of the peace,
be privileged from arrest during their attendance at the ses-
sion of their respective houses, and in going to and return-
ing from the same; and for any speech or debate in either
house, they shall not be questioned in any other place.

No Senator or Representative shall, during the time for
which he was elected, be appointed to any civil office under
the authority of the United States, which shall have been
created, or the emoluments whereof shall have been encreased
during such time; and no person holding any office under
the United States, shall be a member of either house during
his continuance in office.

Sect 7. All bills for raising revenue shall originate in the
house of Representatives ; but the Senate may propose or
concur with amendments as on other bills.

Every bill which shall have passed the house of Repre-

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sentatives and the Senate, shall, before it become a law be
presented to the President of the United States; if he ap-
prove he shall sign it, but if not he shall return it, with his ,
objections to that house in which it shall have originated, who
shall enter the objections at large on their journal, and pro-
ceed to reconsider it. If after such reconsideration two thirds

of that house shall agree to pass the bill, it shall^sent, together
with the objections, to the other house, by which it shall
likewise be reconsidered, and if approved by two thirds of
that house, it shall become a law. But in all such cases the
votes of both houses shall be determined by yeas and nays,
and the names of the persons voting for and against the bill
shall be entered on the journal of each house respectively.
If any bill shall not be returned by the President within ten
days (Sundays excepted) after it shall have been presented
to him, the same shall be a law, in like manner as if he had
signed it, unless the Congress by their adjournment prevent
its return, in which case it shall not be a law.

Every order, resolution, or vote to which the concurrence
of the Senate and house of Representatives may be neces-
sary (except on a question of. adjournment) shall be presented
to the President of the United States ; and before the same
shall take effect, shall be approved by him, or, being disap-
proved by him, shall be repassed by two thirds of the Senate
and House of Representatives, according to the rules and
limitations prescribed in the case of a bill.
Sect. 8. The Congress shall have power
To lay and collect taxes, duties, imposts and excises, to
pay the debts and provide for the common defence and gen-
eral welfare of the United States ; but all duties, imposts and
excises shall be uniform throughout the United States ;

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To borrow money on the credit of the United States ;
To regulate commerce with foreign nations, and among the
several states, and with the Indian tribes ;
To establish an uniform rule of naturalization, and uniform
laws on the subject of bankruptcies throughout the United
States ;

To coin money, regulate the value thereof, and of foreign
coin, and fix the standard of weights and measures,
To provide for the punishment of counterfeiting the securi-
ties and current coin of the United States;
To establish post offices and post roads ;
To promote the progress of science and useful arts, by
securing for limited times to authors and inventors the
exclusive right to their respective writings and discover-
ies ;

To constitute tribunals inferior to the supreme court;
To define and punish piracies and felonies committed on
the high seas, and offences against the law of nations ;
To declare war, grant letters of marque and reprisal, and
make rules concerning captures on land and water ;
To raise and support armies, but no appropriation of money
for that use shall be for a longer term than two years ;
To provide and maintain a navy ;

To make rules for the government and regulation of the
land and naval forces ;

To provide for calling forth the militia to execute the laws
of the union, suppress insurrections and repel invasions ;
To provide for organizing, arming, and discipling the militia,
and for governing such part of them as may be employed in
the service of the United States, reserving to the States re-
spectively, the appointment of the officers, and the authority
3 AP 3.

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of training the militia according to the discipline prescribed
by Congress ;

To exercise exclusive legislation in all cases whatsoever,
over such district (not exceeding ten miles square) as may,
by cession of particular States, and the acceptance of Con-
gress, become the seat of the government of the United
States, and to exercise like authority over all places purchased
by the consent of the legislature of the state in which the same
shall be, for the erection of forts, magazines, arsenals, dock
yards, and other needful buildings ; — And
To make all laws which shall be necessary and proper
for carrying into execution the the foregoing powers, and
all other powers vested by this constitution in the govern-
ment of the United States, or in any department or officer
thereof.

Sect. 9. The migration or importation of such persons as
any of the states now existing shall think proper to admit,
shall not be prohibited by the Congress prior to the year
one thousand eight hundred and eight, but a Tax or duty
may be imposed on such importation, not exceeding ten dol-
lars for each person.

The privilege of the writ of habeas corpus shall not be
suspended, unless when in cases of rebellion or invasion
the public safety may require it.

No bill of attainder or ex post facto law shall be passed.

No capitation or other direct, tax shall be laid, unless in
proportion to the census or enumeration herein before di-
rected to be taken.

No tax or duty shall be laid on articles exported from any
state. No preference shall be given by any regulation of
commerce or revenue to the ports of one state over those of

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another: nor shall vessels bound to, or from, one state, be
obliged to enter, clear, "or pay duties in another.

No money shall be drawn from the Treasury, but in con-
sequence of appropriations made by law; and a regular
statement and account of the receipts and expenditures of
all public money shall be published from time to time.

No title of nobility shall be granted by the United States : —
And no person holding any office of profit or trust under
them, shall, without the consent of the Congress, accept of
any present, emolument, office, or Title, of any kind what-
ever, from any king, prince, or foreign state.
Sect. ID. No state shall enter into any Treaty, alliance, or
confederation; grant letters of marque and reprisal; coin
money; emit bills of credit, make any thing but gold and
silver coin a tender in payment of debts; pass any bill of
attainder, ex post facto law, or law impairing the obligation
of contracts, or grant any tide of nobility.

No state shall, without the consent of the Congress, lay
any imposts or duties on imports or exports, except what may
be absolutely necessary for executing its inspection laws ; and
the net produce of all duties and imposts, laid by any state
on imports or exports, shall be for the use of the Treasury of
the United States; and all such laws shall be subject to the
revision and controul of the Congress. No state shall, with-
out the consent of Congress, lay any duty of tonnage, keep
Troops or ships of war in times of peace, enter into any
agreement or compact with another state, or with a foreign
power, or engage in war, unless actually invaded, or in such
imminent danger as will not admit of delay.

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II.
Sect I. The executive power shall be vested in a Presi-
dent of the United States of America. He shall hold his
office during the term of four years, and, together with the
Vice President, chosen for the same Term, be elected as
follows.

Each state shall appoint, in such a manner as the legisla-
ture thereof may direct, a number of electors, equal to the
whole number of senators and representatives to which the
state may be entitled in the Congress: but no senator or
representative, or person holding an office of trust or profit
under the United States, shall be appointed an elector.
The electors shall meet in their respective states, and vote
by ballot for two persons, of whom one at least shall not be
an inhabitant of the same state with themselves. And they
shall make a list of all the persons voted for, and of the num-
ber of votes for each, which list they shall sign and certify,
and Transmit sealed to the seat of the government of the
United States, directed to the president of the Senate. The
president of the senate shall, in the presence of the senate
and house of representatives, open all the certificates, and the
votes shall then be counted. The person having the greatest
number of votes shall be the president, if such number be
a majority of the whole number of electors appointed ; and
if there be more than one who have such majority, and have
an equal number of votes, then the house of representatives
shall immediately chuse by ballot one of them for president ;
and if no person have a majority, then from the five highest
on the list the said house shall in like manner chuse the presi-
dent. But in chusing the president, the votes shall be taken
by states, the representation from each state having one

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vote; a quorum for this purpose shall consist of a member
or members from two thirds of the states, and a majority of
all the states shall be necessary to a choice. In every case,
after the choice of the president, the person having the great-
est number of votes of the electors shall be the vice presi-
dent. But if there should remain two or more who have
equal votes, the senate shall chuse from them by ballot the
vice president.

The Congress may determine the time of chusing the elect-
ors, and the day on which they shall give their votes ; which
day shall be the same throughout the United States.
No person except a natural born citizen, or a citizen of
the United States, at the time of the adoption of this consti-
tution, shall be eligible to the office of president; neither
shall any person be eligible to that office who shall not have
attained to the age of thirty five years, and been fourteen

within

years a resident^The United States. In case of the removal
of the president from office, or of his death, resignation, or
inability to discharge the powers and duties of the said office,
the same shall devolve on the vice president, and the Con-
gress may by law provide for the case of removal, death, res-
ignation or inability, both of the president and vice presi-
dent, declaring what officer shall then act as president, and
such officer shall act accordingly, until the disability be re-
moved, or a president shall be elected.

The president shall, at stated times, receive for his serv-
ices, a compensation, which shall neither be encreased nor
diminished during the period for which he shall have been
elected, and he shall not receive within that period any other
emolument from the United States, or any of them.

Before he enter on the execution of his office, he shall

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take the following Oath or Affirmation: **I do solemnly
swear (or affirm) that I will faithfully execute the office of
president of the United States, and will to the best of my
ability, preserve, protect and defend the constitution of the
United States/'

Sect. 2. The 'president shall be commander in chief of the
army and navy of the United States, and of the militia of
the several States, when called into the actual service
of the United States; he may require the opinion, in writ-
ing, of the principal officer in each of the executive depart-
ments, upon any subject relating to the duties of their re-
spective offices, and he shall have power to grant reprieves
and pardons for offences against the United States, except
in cases of impeachment.

He shall have power, by and with the advice and consent
of the senate, to make treaties, provided two thirds of the
senators present concur; and he shall nominate, and by and
with the advice and consent of the senate, shall appoint am-
bassadors, other public ministers and consuls, judges of the
supreme court, and all other officers of the United States,
whose appointments are not herein otherwise provided for,
and which shall be established by law. But the Congress
may by law vest the appointment of such inferior officers,
as they think proper, in the president alone, in the courts of
law or in the heads of departments.

The president shall have power to fill up all vacancies that
may happen during the recess of the senate, by granting
commissions which shall expire at the end of their next
session.

Sect. 3. He shall from time to time give to the Congress in-
formation of the state of the union, and recommend to their

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consideration such measures as he shall judge necessary
and expedient ; he may, on extraordinary occasions, convene
both houses, or either of them, and in case of disagreement
between them, with respect to the time of adjournment,
he may adjourn them to such time as he shall think proper;
he shall receive ambassadors and other public ministers ; he
shall take care that the laws be faithfully executed, and shall
commission all the officers of the United States.
Sect. 4. The president, vice president and all civil officers of
the United States, shall beremoved from office on impeach-
ment for, and conviction of, treason, bribery, or other high
crimes and misdemeanors.

III.

Sect 1. The judicial power of the United States, shall be
vested in one supreme court, and in such inferior courts as
the Congress may from time to time ordain and establish.
The judges both of the supreme and inferior courts, shall
hold their offices during good behaviour, and shall at stated
times, receive for their services, a compensation, which shall
not be diminished during their continuance in office.
Sect 2. The judicial power shall extend to all cases, in law
and equity, arising under this constitution, the laws of the
United States, and Treaties made, or which shall be made,
under their authority; to all cases affecting ambassadors,
other public ministers and consuls ; to all cases of admiralty
and maritime jurisdiction ; to controversies to which the
United States shall be a party ; to controversies between two
or more states, between a state and citizens of another state,
between citizens of different states, between citizens of the
same state claiming lands under grants of different states,

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and between a state, or the citizens thereof, and foreign states,
citizens or subjects.

In all cases affecting ambassadors, other public ministers
and consuls, and those in which a state shall be party, the su-
preme court shall have original jurisdiction. In all the other
cases before mentioned, the supreme court shall have appel-
late jurisdiction, both as to law and fact, with such exceptions,
and under such regulations as the Congress shall make.

The Trial of all crimes, except in cases of impeachment,
shall be by jury; and such Trial shall be held in the state
where the said crimes shall have been committed; but when
not committed within any state, the Trial shall be at such place
or places as the Congress may by law have directed.
Sect. 3. Treason against the United States, shall consist only
in levying war against them, or in adhering to their enemies,
giving them aid and comfort. No person shall be convicted
of treason unless on the Testimony of two witnesses to the
same overt act, or on confession in open court.
The Congress shall have power to declare the punishment
of treason, but no attainder of treason shall work corruption
of blood, or forfeiture except during the life of the person
attainted.

IIII.

Sect. I. Full faith and credit shall be given in each state to
the public acts, records, and judicial proceedings of every
other state. And the Congress may by general laws prescribe
the manner in which such acts, records and proceedings shall
be proved, and the effect thereof.

Sect. 2. The citizens of each state shall be entitled to all
privileges and immunities of citizens in the several states.

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A person charged in any state with treason, felony or
other crime, who shall flee from justice, and be found in an-
other state, shall, on demand of the executive authority of the
state from which he fled, be delivered up, to be removed to
the State having jurisdiction of the crime.

No person held to service or labour in one state, under
the laws thereof, escaping into another shall, in consequence
of any law or regulation therein, be discharged from such
service or labour, but shall be delivered up on claim of the
party to whom such service or labour may be due.
Sect 3. New states may be admitted by the Congress into
this union ; but no new state shall be formed or erected within
the jurisdiction of any other state; nor any state be formed
by the junction of two or more states, or parts of states,
without the consent of the legislatures of the states con-
cerned as well as of the Congress.

The Congress shall have power to dispose of and make
all needful rules and regulations respecting the territory or
other property belonging to the United States ; and nothing
in this constitution shall be so construed as to prejudice any
claims of the United States; or of any particular state.
Sect. 4. The United States shall guarantee to every state in
this Union a Republican form of government and shall pro-
tect each of them against invasion ; and on application of the
legislature, or of the executive (when the legislature cannot
be convened) against domestic violence.

The Congress whenever two thirds of both houses shall deem
it necessary, shall propose amendments to this constitution,
or, on the application of the legislatures of two thirds of the

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several states, shall call a convention for proposing amend-
ments, which, in either case, shall be valid to all intents and
purposes, as part of this constitution, when ratified by the
legislatures of three fourths of the several states, or by con-
ventions in Three fourths thereof, as the one or the other
mode of ratification may be proposed by the Congress ; Pro-
vided, that no amendment which may be made prior to the
year one thousand eight hundred and eight shall in any
manner affect the first and fourth clauses in the ninth section
of the first article; and that no state, without its consent,
shall be deprived of its equal suffrage in the senate.

VI.

All debts contracted and engagements entered into, before
the adoption of this Constitution shall be as valid against the
United States under this constitution, as under the confedera-
tion.

This Constitution, and the laws of the United States
which shall be made in pursuance thereof, and all treaties
made, or which shall be made, under the authority of the
United States, shall be the supreme law of the land ; and the
judges in every state shall be bound thereby, any thing in
the constitution or laws of any state to the contrary notwith-
standing.

The Senators and representatives before mentioned, and
the members of the several state legislatures, and all execu-
tive and judicial officers, both of the United States and of the
several States, shall be bound by oath or affirmation, to sup-
port this constitution ; but no religious test shall ever be re-
quired as a qualification to any office or public trust under
the United States.

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VII.

The ratification of the conventions of nine States, shall be
sufficient for the establishment of this constitution between
the States so ratifying the same.

Done in Convention, by the unanimous consent of the
States present, the seventeenth day of September in the
year of our Lord one thousand seven hundred and eighty
seven, and of the Independence of the United States of
America the twelfth. In Witness whereof we have hereunto
subscribed our Names.

George Washington, President,

and Deputy from Virginia.
John Langdon,
Nicholas Gilman.
Nathaniel Gorham,
RuFus King.

William Samuel Johnson,
Roger Sherman.
Alexander Hamilton.
William Livingston,
David Brearly,
William Paterson,
Jonathan Dayton.
Benjamin Franklin,
Thomas Mifflin,
Robert Morris,
George Clymer,
Thomas Fitzsimons,
Jared Ingersoll,
James Wilson,
Gouverneur Morris.

New Hampshire.

Massachusetts.

Connecticut.
New York.

New Jersey.

Pennsylvania.

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Delaware

Maryland.

Virginia.

North Carolina.

George Read,
Gunning Bedford Junior,
John Dickinson,
Richard Bassett,
Jacob Broom.

^James M^Henry, •
Daniel of S"^ Tho. Jenifer,
Daniel Carrol.

John Blair,

James Madison, Junior.

William Blount,
Richard Dobbs Spakhit,
Hugh Williamson.

^ John Rutledge,
Charles Cotesworth Pinckney,
Charles Pinckney,
Pierce Butler.

William Few,
Abraham Baldwin.
Attest, William Jackson, Secretary.

In the Name of the People of Pennsylvania. Be it Known
unto all Men that We the Delegates of the People of the
Commonwealth of Pennsylvania in general Convention as-
sembled Have assented to, and ratified, and by these presents
Do in the Name and by the authority of the same People, and
for ourselves, assent to, and ratify the foregoing Constitu-
tion for the United States of America. Done in Convention

in ihc year of our Lord

at Philadelphia the twelfth day of December one thousand
seven hundred and eighty seven and of the Independence

South Carolina.

Georgia.

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of the United States of America the twelfth. In witness
whereof we have hereunto subscribed our Names.

Frederick Augustus Muhlenberg President

Jn^ Aluson
Jonathan Roberts
John Richards
James Morris
Timothy Pickering.
Benj^ Elliot —
Stephen Balliet
Joseph Horsfield
" David Dashler
William Wilson
John Boyd
Tho Scott
John Nevill
Jasper Yeates.
Hen^ Slagle
Thomas Campbell
Thomas Hartley
David Grier
John Black
Benjamin Pedan
John Arndt
William Gibbons

Thomas Cheyney
John Hannum
Stephen Chambers
Robert Coleman -
Sebastian Graff
John Hubley
Samuel Ashmead
Enoch Edwards
Henry Wynkoop
John Barclay
Tho^ Yardley
Abraham Stout
Thomas Bull
Anthony Wayne
George Latimer
Benj^ Rush
Hilary Baker
James Wilson
Thomas M^Kean
W Macpherson
John Hunn
George Gray

Richard Downing
Attest James Campbell Secretary

[indorsement.]
Pennsylvania
Ratification of the Fcederal Constitution by Pensylvania

Recorded page 82.

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[seal.] [seal.] [seal.]

In Convention of the State of New-Jersey. — Whereas a
convention of Delegates from the following States, Viz'. New
Hampshire, Massachusetts, Connecticut, New York, New
Jersey, Pennsylvania, Delaware, Maryland, Virginia, North
Carolina, South Carolina and Georgia, met at Philadelphia
for the purpose of deliberating on, and forming a constitu-
tion for the United States of America, finished their Session
on the seventeenth day of September last and reported to
Congress the form which they had agreed upon, in the words
following. Viz* —

We the People of the United States, in order to form a
more perfect union, establish justice, ensure domestick tran-
quility, provide for the common defence, promote the general
welfare, and secure the blessings of Liberty to ourselves and
our posterity, do ordain and establish this Constitution for
the United States of America.

Article P'

Sect: I. All Legislative powers herein granted shall be
vested in a Congress of the United States, which shall consist
of a Senate and House of Representatives.

Sect : 2** The House of Representatives shall be com-
posed of members chosen every second year by the people
of the several states, and the electors in each State shall have
the qualifications requisite for electors of the most numerous

branch of the State Legislature.

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No person shall be a Representative who shall not have
attained to the age of twenty-five years, and been Seven
years a citizen of the United States, and who shall not, when
elected, be an inhabitant of that State in which he shall be
chosen.

Representatives and direct taxes shall be apportioned
among the several States which may be included within this
Union, according to their respective numbers, which shall be
determined by adding to the whole number of free persons,
including those bound to service for a term of years, and ex-
cluding Indians not taxed, three-fifths of all other persons. —
The actual enumeration shall be made within three years after
the first meeting of the Congress of the United States, and
within every subsequent term of ten years, in such manner
as they shall by law direct. — The number of Representatives
shall not exceed one for every thirty thousand, but each State
shall have at least one Representative ; and until such enu-
meration shall be made, the State of New Hampshire shall
be entitled to choose three. Massachusetts eight, Rhode-Island
and Providence Plantations one, Connecticut five, ^New York
six. New Jersey four, Pennsylvania eight, Delaware one,
Maryland six, Virginia ten, North-Carolina five, South-Caro-
lina five, and Georgia three.

When vacancies happen in the representation from any
State, the Executive authority thereof shall issue writs of
election to fill such vacancies.

The House of Representatives shall choose their Speaker
and other Officers; and shall have the Sole power of im-
peachment.

Sect : 3^ The Senate of the United States shall be com-
posed of two senators from each state, chosen by the legis-

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lature thereof, for six years ; and each Senator shall have
one vote.

Immediately after they shall be assembled in consequence of
the first election, they shall be divided as equally as may be
into three Classes. — The seats of the senators of the first class
shall be vacated at the expiration of the second year, of the
second class at the expiration of the fourth year, and of the
third class at the expiration of the sixth year, so that one third
may be chosen every second year ; and if vacancies happen
by resignation, or otherwise, during the recess of the Legis-
lature of any State, the Executive thereof may make temporary
appointments until the next meeting of the Legislature, which
shall then fill such vacancies. — No person shall be a Senator
who shall not have attained to the age of thirty years, and
been nine years a citizen of the United States, and who shall
not, when elected, be an inhabitant of that State for which he
shall be chosen. — The Vice President of the United States
shall be President of the Senate, but shall have no vote, un-
less they be equally divided. — The Senate shall choose their
other officers, and also a President pro tempore, in the
absence of the Vice President, or when he shall exercise the
office of President of the United States. — The Senate shall
have the sole power to try all impeachments. — When sitting
for that purpose, they shall be on oath or affirmation. —
When the President of the United States is tried, the Chief-
Justice shall preside: And no person shall be convicted with-
out the concurrence of two-thirds of the members present. —
Judgment in cases of impeachment shall not extend further
than to removal from office, and disqualification to hold and
enjoy any office of honour, trust or profit under the United
States ; but the party convicted shall nevertheless be liable

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and subject to indictment, trial judgment and punishment,,
according to law. —

Sect: 4*** The times, places and manner of holding elec-
tions for Senators and Representatives, shall be prescribed in
each State by the Legislature thereof; but the Congress may
at any time by law make or alter such Regulations, except as
to the places of choosing Senators. — The Congress shall as-
semble at least once in every year, and such meeting shall
be on the first Monday in December, unless they shall by
law appoint a different day. —

Sect: 5*^ Each house shall be the judge of the elections, re-
turns and qualifications of its own members, and a majority
of each shall constitute a quorum to do business ; but a smaller
number may adjourn from day to day, and may be authorised
to compel the attendance of absent members, in such manner,
and under such penalties as each house may provide. — Each
house may determine the Rules of its proceedings, punish its
members for disorderly behaviour, and with the concurrence
of two-thirds, expel a member. — Each house shall keep a
journal of its proceedings, and from time to time publish the
same, excepting such parts as may in their judgment require
secrecy; and the yeas and nays of the members of either
house on any question shall, at the desire of one fifth of those
present, be entered on the Journal. — Neither house, during
the session of Congress, shall, without the consent of the
other, adjourn for more than three days, nor to any other
place than that in which the two houses shall be sitting. —
Sect: 6* The Senators and Representatives shall receive a
compensation for their services, to be ascertained by Law,
and paid out of the Treasury of the United States. — They
shall in all cases, except treason, felony and breach of the
3 AP 4.

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of money to that use shall be for a longer term than two
years. — ^To provide and maintain a navy. — ^To make Rules
for the government and regulation of the land and naval
forces. — To provide for calling forth the militia to execute
the laws of the union, suppress insurrections, and repel inva-
sions.— To provide for organizing, arming and disciplining,
the militia, and for governing such part of them as may be
employed in the Service of the United States, reserving to
the States respectively, the appointment of the officers, and
the authority of training the militia according to the discipline
prescribed by Congress. — To exercise exclusive legislation in
all cases whatsoever, over such district (not exceeding ten

cession of

miles square) as may, by^particular States, and the accept-
ance of Congress, become the seat of the government of the
United States, and to exercise like authority over all places
purchased by the consent of the legislature of the State in
which the same shall be, for the erection of forts, magazines,
arsenals, dock-yards, and other needful buildings; And — ^To
make all laws which shall be necessary and proper for carry-
ing into execution the foregoing powers, and all other powers
vested by this constitution in the government of the United
States, or in any department or officer thereof. —
Sect: 9*^ The migration or importation of such persons as
any of the States now existing shall think proper to admit,
shall not be prohibited by the Congress prior to the year one
thousand eight hundred and eight, but a tax or duty may be
imposed on such importation, not exceeding ten dollars for
each person. — The privilege of the writ of habeas corpus shall
not be suspended, unless when in cases of Rebellion or inva-
sion the publick safety may require it. — No bill of attainder or
ex post facto law shall be passed. — No capitation, or other

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direct, tax, shall be laid, unless in proportion to the census
or enumeration herein before directed to be taken. — No tax
or duty shall be laid on articles exported from any state. —
No preference shall be given by any regulation of commerce
or Revenue to the ports of one state over those of another :
nor shall vessels bound to, or from, one State, be obliged to
enter, clear, or pay duties in another. — No money shall be
drawn from the Treasury, but in consequence of appropria-
tions made by law; and a Regular statement and account of
the receipts and expenditures of all publick money shall be
published from time to time^. — No title of nobility shall be
granted by the United States : — And no person holding any
oflfice of Profit or trust under them, shall, without the consent
of the Congress, accept of any present, emolument, office or
title, of any kind whatever, from any king, prince, or for-
eign State.

Sect: lo'^ No State shall enter into any treaty, alliance, or
confederation; grant letters of marque and reprisal; coin
money ; emit bills of credit ; make any thing but gold and
Silver coin a tender in payment of debts ; pass any bill of
attainder, expost facto law, or law impairing the obliga-
tion of contracts, or grant any title of nobility. — No state
shall, without the consent of the Congress lay any imposts or
duties on imports or exports, except what may be absolutely
necessary for executing its inspection laws ; and the net prod-
uce of all duties and imposts, laid by any State on imports or
exports, shall be for the use of the Treasury of the United
States ; and all such laws shall be subject to the revision and
controul of the Congress. — No state shall, without the con-
sent of Congress, lay any duty of tonnage, keep troops, or
ships of war in time of Peace, enter into any agreement or

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compact with another State, or with a foreign power, or en-
gage in war, unless actually invaded, or in such imminent
danger as will not admit of delay.

Article II.

Sect: i^* The executive power shall be vested in a President

of the United States of America. He shall hold his office

during the term of four years, and, together with the Vice
President, chosen for the same term, be elected as follows :
Each State shall appoint, in such manner as the legislature
thereof may direct, a number of electors, equal to the
whole number of Senators and representatives to which
the State may be entitled in the Congress; but no Sen-
ator or Representative, or person holding an office of trust
or profit under the United States, shall be appointed an
elector. — The electors shall meet in their respective States,
and vote by ballot for two persons, of whom one at least shall
not be an inhabitant of the same state with themselves — And
they shall make a list of all the persons voted for, and of the
number of votes for each ; which list they shall sign and Cer-
tify, and transmit sealed to the seat of the government of the
United States, directed to the President of the Senate. — The
president of the Senate shall, in the presence of the Senate
and house of Representatives, open all the certificates, and
the votes shall then be counted. — The person having the
greatest number of votes shall be the President, if such num-
ber be a majority of the whole number of electors appointed ;
and if there be more than one who have such majority, and
have an equal number of votes, then the house of Representa-
tives shall immediately choose by ballot one of them for Presi-
dent; and if no person have a majority, then from the five

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highest on the list the said house shall in like manner choose
the President. — But in choosing the President, the votes shall
be taken by States, the representation from each State hav-
ing one vote ; a quorum for this purpose shall consist of a
member or members from two-thirds of the States, and a ma-
jority of all the States shall be necessary to a choice. — In
every case, after the choice of the President, the person hav-
ing the greatest number of votes of the electors shall be the
Vice President. — But if there should remain two or more who
have equal votes, the Senate shall choose from them by ballot
the Vice President. — The Congress may determine the time
of choosing the electors, and the day on which they shall give
their votes; which day shall be the same throughout the
United States. — No person'except a natural-born citizen, or a
citizen of the United States, at the time of the adoption of
this constitution, shall be eligible to the office of President;
neither shall any person be eligible to that office who shall not
have attained to the age of thirty five years, and been four-
teen years a resident within the United States. — In case of
the removal of the President from office, or of his death, resig-
nation, or inability to discharge the powers and duties of the
said office the same shall devolve on the Vice President, and
the Congress may by law provide for the case of removal,
death, resignation or inability, both of the President and Vice
President declaring what officer shall then act as President,
and such officer shall act accordingly, untill the disability be
removed, or a President shall be elected. — ^The President
shall, at stated times, receive for his services, a compensation,
which shall neither be encreased nor diminished during the
Period for which he shall have been elected, and he shall not
receive within that period any other emolument from the

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United States, or any of them. — Before he ertter on the exe-
cution of his office, he shall take the following oath or affir-
mation: *'I do solemnly Swear (or affirm) that I will faithfully
execute the office of President of the United States, and will
to the best of my ability, preserve, protect and defend, the
Constitution of the United States/'

Sect : 2^ The President shall be commander in chief of the
army and navy of the United States, and of the Militia of
the several states, when called into the actual service of the
United States; he may require the opinion in writing, of
the principal officer in each of the executive departments,
upon any subject relating to the duties of their respective
offices, and he shall have power to grant reprieves and par-
dons for offences against the United States, except in cases
of impeachment. He shall have power, by and with the ad-
vice and consent of the Senate, to make treaties, provided
two-thirds of the Senators present concur; and he shall nomi-
nate, and by and with the advice and consent of the Senate,
shall appoint ambassadors, other publick ministers and con-
suls, judges of the supreme court, and all other officers of the
United States, whose appointments are not herein otherwise
provided for, and which shall be established by law. — But the
Congress may by law vest the appointment of such inferior
officers, as they think proper, in the President alone, in the
courts of law, or in the heads of departments. — The presi-
dent shall have power to fill up all vacancies that may hap-
pen during the recess of the senate, by granting commissions
which shall expire at the end of their next session.
Sect: 3** He shall from time to time give to the Congress
information of the state of the union, and recommend to their
consideration such measures as he shall judge necessary and

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expedient ; he may, on extraordinary occasions, convene both
houses, or either of them, and in case of disagreement be-
tween them, with respect to the time of adjournment, he may
adjourn them to such time as he shall think proper; he shall
receive ambassadors and other publick ministers; he shall
take care that the laws be faithfully executed, and shall com-
mission all the officers of the United States. —
Sect: 4'*' The President, Vice President, and all civil officers
of the United States, shall be removed from office on im-
peachment for, and conviction of treason, bribery, or other
high crimes and misdemeanors.

Article III.

Sect: I*' The judicial power of the United States, shall be
vested in one Supreme court, and in such inferior courts as
the Congress may from time to time ordain and establish. —
The Judges, both of the supreme and inferior courts, shall
hold their offices during good behaviour, and shall, at stated
times, receive for their services, a compensation, which shall

not be diminished during their continuance in office.

Sect: 2^ The judicial power shall extend to all cases, in
law and equity, arising under this constitution, the laws of
the United States, and treaties made, or which shall be made,
under their authority; to all cases affecting ambassadors
other publick ministers and consuls ; to all cases of admiralty
and maritime jurisdiction; to controversies to which the
United States shall be a party; to controversies between two
or more States, between a State and citizens of another
State, between citizens of different States, between citizens
of the same state claiming lands under grants of different
States, and between a State, or the citizens thereof, and for-

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eign States, citizens or subjects. — In all cases affecting am-
bassadors, other public ministers and consuls, and those in
which a State shall be party, the supreme court shall have
original jurisdiction. — In all the other cases before mentioned,
the supreme court shall have appellate jurisdiction, both as to
law and fact, with such exceptions, and under such regula-
tions as the Congress shall make. — ^The trial of all crimes,
except in cases of impeachment, shall be by Jury ; and such
trial shall be held in the State where the said crimes shall
have been committed ; but when not committed within any
State, the trial shall be at such place or places as the Con-
gress may by law have directed. — —

Sect : 3"^ Treason against the United States, shall consist
only in levying war against them, or in adhering to their
enemies, giving them aid and comfort. — -No person shall be
convicted of treason unless on the testimony of two witnesses
to the same overt act, or on confession in open court. — The
Congress shall have power to declare the punishment of
treason, but no attainder of treason shall work corruption of
blood, or forfeiture except during the life of the person at-
tainted.

Article IV.

Sect: I*' Full faith and credit shall be given in each State to
the public acts, records, and judicial proceedings of every
other State. — And the Congress may by general laws pre-
scribe the manner in which such acts, records and proceed-
ings shall be proved, and the effect thereof.
Sect: 2^ The citizens of each State shall be entitled to, all
privileges and immunities of citizens in the several States. —
A person charged in any State with treason, felony, or other
crime, who shall flee from justice, and be found in another

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State, shall, on demand of the executive authority of the State
from which he fled, be delivered up, to be removed to the
State having jurisdiction of the crime. — No person held to
service or labour in one State, under the laws thereof, es-
caping into another, shall, in consequence of any law or Reg-
ulation therein, be discharged from such service or labour,
but shall be delivered up on claim of the party to whom such
service or labour may be due.

Sect: 3** New States may be admitted by the Congress into
this union; but no new state shall be formed or erected
within the jurisdiction of any other State; nor any State be
formed by the junction of two or more States, or parts of
States, without the consent of the legislatures of the States
concerned as well as of the Congress. — The Congress shall
have power to Dispose of and make all needful Rules and
Regulations respecting the territory or other property be-
longing to the United States; and nothing in this constitu-
tion shall be so construed as to prejudice any Claims of

the United States, or of any particular State.

Sect: 4* The United States shall guarantee to every State
in this union a republican form of government, and shall pro-
tect each of them against invasion ; and on application of the
Legislature, or of the executive (when the legislature cannot
be convened) against domestick violence.

Article V.

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and purposes, as part of this constitution, when ratified by
the Legislatures of three-fourths of the several States, or by
conventions in three-fourths thereof, as the one or the other
mode of ratification may be proposed by the Congress ; Pro-
vided, that no amendment which may be made prior to the
year one thousand eight hundred and eight shall in any
manner affect the first and fourth clauses in the ninth section
of the first article; and that no State, without its consent,
shall be deprived of its equal Suffrage in the Senate.

Article VI

All debts contracted, and engagements entered into, before
the adoption of this constitution, shall be as valid against the
United States under this constitution, as under the confedera-
tion.— This constitution and the laws of the United States which
shall be made in pursuance thereof; and all treaties made, or
which shall be made, under the authority of the United States,
shall be the supreme law of the land ; and the Judges in every
State shall be bound thereby, any thing in the constitution or
laws of any State, to the contrary notwithstanding. — The Sen-
ators and Representatives before mentioned, and the mem-
bers of the several state legislatures, and all executive and
judicial officers, both of the United States and of the several
States, shall be bound by oath or affirmation, to support this
constitution ; but no religious test shall ever be required as a
qualification to any office or publick trust under the United

States.

Article VII

The ratification of the conventions of nine States, shall be
sufficient for the establishment of this constitution between
the States so ratifying the same.

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And Whereas Congress on the twenty eighth day of Sep-
tember last unanimously did resolve **that the said report
with the Resolutions and letter accompanying the same, be
transmitted to the several Legislatures, in order to be sub-
mitted to a convention of Delegates,^ chosen in each State by
the People thereof, in conformity to the Resolves of the con-
vention made and provided in that case.**

And Whereas the Legislature of this State did on the
twenty ninth day of October last Resolve in the words follow-
ing, Viz* — ** Resolved unanimously. That it be recommended
to such of the Inhabitants of this State as are entitled to vote
for Representatives in General Assembly, to meet in their
respective counties on the fourth Tuesday in November next,
at the several places fixed by law for holding the annual
elections, to choose three suitable persons to serve as Dele-
gates from each County in a State Convention, for the pur-
poses herein before-mentioned, and that the same be con-
ducted agreeably to the mode, and conformably with the Rules
and Regulations prescribed for conducting such Elections."

Resolved unanimously, That the Persons so Elected to
serve in State Convention, do assemble and meet together
on the second Tuesday in December next, at Trenton, in the
County of Hunterdon, then and there to take into Considera-
tion the aforesaid Constitution ; and if approved of by them,
finally to Ratify the same in behalf and on the part of this
State ; and make Report thereof to the United States in Con-
gress assembled, in Conformity with the Resolutions thereto
annexed.*'

"Resolved, That the Sheriffs of the respective Counties of
this State shall be, and they are hereby required to give as
timely Notice as may be, by Advertisements to the People of

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their Counties of the? time, place and Purpose of holding Elec-
tions as aforesaid/'

And Whereas the Legislature of this State did also on
the first day of November last make and pass the following
Act, Viz' — **An Act to authorize the People of this State to
meet in Convention, deliberate upon, agree to, and'ratify the
Constitution of the United States, proposed by the late Gen-
eral Convention. Be it Enacted by the Council and General
Assembly of this State, and it is hereby enacted by the Au-
thority of the same, That it shall and may be lawful for the
People thereof, by their Delegates, to meet in Convention, to
deliberate upon, and, if approved of by them, to ratify the
Constitution for the United States, proposed by the General
Convention, held at Philadelphia, and every Act, matter and
clause therein contained, conformably to the Resolutions of
the Legislature, passed the twenty ninth day of October,
Seventeen hundred and eighty seven, any Law, Usage or
Custom to the contrary in any wise notwithstanding/*

Now be it known that we the Delegates of the State of
New-Jersey chosen by the People thereof for the purposes
aforesaid having maturely deliberated on, and considered the
aforesaid proposed Constitution, do hereby for and on the
behalf of the People of the said State of New-Jersey agree to,
ratify and confirm the same and every part thereof.

Done in Convention by the unanimous consent of the
members present, this eighteenth day of December in the
year of our Lord one thousand seven hundred and eighty
seven, and of the Independence of the United States of
America the twelfth. — In Witness whereof we have hereunto
subscribed our names.
Note, Before the signing hereof, the following words, viz,

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Essex .

Middlesex.

Monmouth.

Somersett .

Burlington ,

Gloucester

Salem .

'* Cession of" were interlined between the fifteenth and six-
teenth lines on the second sheet.

John Stevens President —
and Delegate from the County of Hunterdon

' John Fell

County of Bergen \ Peter Zabriskie

[ Cornelius Hennion
" John Chetwood

Samuel Hay
^ David Crane
^ John Neilson
John Beatty
Benjamin Manning
Elisha Lawrence
Samuel Breese
William Crawford
Jn^ Witherspoon
Jacob R Hardenhergh
Fred: Frelinghuvsen
Thomas Reynolds
Geo. Anderson
^ Joshua M. Wallace

R^ HOWELS

And^ Hunter
Benjamin Whitall

Whitten Cripps
Edmund Wetherby
Jesse Hand
Jeremiah Eldredge
Matthew Whilldin

County of Cape-May.

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jj . I David Brearley.

Hunterdon ^

Joshua Corshon
William Windes

Morris -[ William Woodhull

John Jacob Faesch
Dav^ Potter,

Cumberland -^ Jonathan Bowen

Eli Elmer
" Robert Ogden

Sussex.

Thom^ Anderson
^ RoB*^ Hoops
Attest. Sam^ W. Stockton Sec^.

[indorsement.]

New Jersey.
Ratification of the Foederal Constitution by the State of
New-Jersey

Recorded page 86-90

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In Convention, Augusta 5"** January 1788
Sir,

We have the honor to transmit to the United States in
Congress Assembled the ratification of the Federal Consti-
tution by the State of Georgia.

We hope that the ready compliance of this State with the
recommendations of Congress and of the late National Con-
vention, will tend not only to consolidate the Union, but pro-
mote the happiness of our common Country.
With great respect,

we have the honor to be, Sir,

Your Excellencys Obedient Servants,

John Wereat, President.
By unanimous order of the Convention of the State of Geor-
gia.
His Excellency, The President of Congress.

[indorsement.]

Letter Jan^ 5^^ 1788
Gov'' of Georgia transmitting Ratification of New Constitu-
tion—

State of Georgia,
In Convention;
Wednesday, January the second, one thousand seven
hundred and eighty eight :

To all to whom these Presents shall come, Greeting.
Whereas the form of a Constitution for the Government of
3 AP 5. 65

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'^ the United States of America, was, on the seventeenth day of
< September, one thousand seven hundred and eighty-seven,
g agreed upon and reported to Congress by the Deputies of
^ the said United States convened in Philadelphia; which said
^ Constitution is written in the words following, to wit ;
^^ **We the People of the United States, in order to form a
more perfect Union, establish Justice, insure domestic Tran-
quility, provide for the common Defence, promote the gen-
eral Welfare, and secure the blessings of Liberty to ourselves
and our Posterity, do ordain and establish this Constitution
for the United States of America.

Article I.

Sect. I. All legislative powers herein granted shall be vested
in a Congress of the United States, which shall consist of a
Senate and House of Representatives.

Sect. 2. The House of Representatives shall be composed of
members chosen every second year by the people of the sev-
eral states, and the electors in each state shall have the quali-
fications requisite for electors of the most numerous branch
of the State legislature.

No person shall be a representative who shall not have
attained to the age of twenty-five years, and been seven years
a citizen of the United States, and who shall not, when elected,
be an inhabitant of that state in which he shall be chosen.

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The actual enumeration shall be made within three years after
the first meeting of the Congress of the United States, ^nd
within every subsequent term of ten years, in such manner
as they shall by law direct. The number of representatives
shall not exceed one for every thirty thousand, but each state
shall have at least one representative; and until such enu-
meration shall be made, the state of New-Hampshire shall
be entitled to chuse three, Massachusetts eight,* Rhode-Island
and Providence Plantations one, Connecticut five. New- York
six, New-Jersey four, Pennsylvania eight, Delaware one,
Maryland six, Virginia ten, North-Carolina five, South-
Carolina five, and Georgia three.

When vacancies happen in the representation from any
state, the Executive authority thereof shall issue writs of elec-
tion to fill such vacancies.

The House of Representatives shall chuse their Speaker
and other officers ; and shall have the sole power of impeach-
ment

Sect. 3. The Senate of the United States shall be com-
posed of two senators from each state, chosen by the legisla-
ture thereof, for six years ; and each senator shall have one
vote.

Immediately after they shall be assembled in consequence
of the first election, they shall be divided as equally as may
be into three classes. The seats of the senators of the first
class shall be vacated at the expiration of the second year, of
the second class'at the expiration of the fourth year, and of
the third class at the expiration of the sixth year, so that one
third may be chosen every second year; and if vacancies
happen by resignation, or otherwise, during the recess of
the legislature of any state, the Executive thereof may make

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temporary appointments until the next meeting of the leg-
islature, which shall then fill such vacancies.

No person shall be a senator who shall not have attained
to the age of thirty years, and been nine years a citizen of the
United States, and who shall not, when elected, be an inhabi-
tant of that state for which he shall be chosen.

The Vice-President of the United States shall be President
of the senate, but shall have no vote, unless they be equally
divided.

The Senate shall chuse their other officers, and also a
President pro tempore, in the absence of the Vice-President,
or when he shall exercise the office of President of the United
States.

The Senate shall have the sole power to try all impeach-
ments. When sitting for that purpose, they shall be on oath
or affirmation. When the President of the United States is
tried, the Chief-Justice shall preside: And no person shall
be convicted without the concurrence of two thirds of the
members present.

Judgment in cases of impeachment shall not extend fur-
ther than to removal from office, and disqualification to hold
and enjoy any office of honor, trust or profit under the United
States ; but the party convicted shall nevertheless be liable
and subject to indictment, trial, judgment and punishment,
according to law.

Sect. 4. The times, places and manner of holding elec-
tions for senators and representatives, shall be prescribed in
each state by the legislature thereof: but the Congress may
at any time by law make or alter such regulations, except as
to the places of chusing Senators.

The Congress shall assemble at least once in every year,

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and such meeting shall be on the first Monday in December,
unless they shall by law appoint a different day.

Sect. 5. Each house shall be the judge of the elections,
returns and qualifications of its own members, and a majority
of each shall constitute a quorum to do business; but a
smaller number may adjourn from day to day, and may be
authorised to compel the attendance of absent members, in
such manner, and under such penalties as each house may
provide.

Each house may determine the rules of its proceedings,
punish its members for disorderly behaviour, and, with the
concurrence of two-thirds, expel a member.

Each house shall keep a journal of its proceedings, and
from time to time publish the same, excepting such parts as
may in their judgment require secrecy; and the yeas and
nays of the members of either house on any question shall,
at the desire of one-fifth of those present, be entered on the
journal-

Neither house, during the session of Congress, shall with-
out the consent of the other, adjourn for more than three
days, nor to any other place than that in which the two
houses shall be sitting.

Sect. 6. The senators and representatives shall receive a
compensation for their services, to be ascertained by law, and
paid out of the treasury of the United States. They shall in
all cases, except treason, felony ancl breach of the peace, be
privileged from arrest during their attendance at the session
of their respective houses, and in going to and returning
from the same ; and for any speech or debate in either house,
they shall not be questioned in any other place.

No senator or representative shall, during the time for

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which he was elected, be appointed to any civil office under
the authority of the United States, which shall have been cre-
ated, or the emoluments whereof shall have been encreased
during such time; and no person holding any office under
the United States, shall be a member of either house during
his continuance in office. •

Sect. 7. All bills for raising revenue shall originate in the
house of representatives ; but the senate may propose or con-
cur with amendments as on other bills.

Every bill which shall have passed the house of represent-
atives and the senate shall, before it become a law, be pre-
sented to the President of the United States ; if he approve
he shall sign it, but if not he shall return it, with his objections
to that house in which it shall have originated, who shall enter
the objections at large on their journal, and proceed to recon-
sider it. If after such reconsideration two-thirds of that house
shall agree to pass the bill, it shall be sent, together with the
objections, to the other house, by which it shall likewise be
reconsidered, and if approved by two-thirds of that house, it
shall become a law. But in all such cases the votes of both
houses shall be determined by yeas and nays, and the names
of the persons voting for and against the bill shall be entered
on the journal of each house respectively. If any bill shall
not be returned by the President within ten days (Sundays
excepted) after it shall have been presented to him, the same
shall be a law, in like manner as if he had signed it, unless
the Congress by their adjournment prevents its return, in
which case it shall not be a law.

Every order, resolution, or vote to which the concurrence
of the Senate and House of Representatives may be neces-
sary (except on a question of adjournment) shall be presented

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to the President of the United States ; and before the same
shall take effect, shall be approved by him, or, being disap-
proved by him, shall be re-passed by two-thirds of the Senate
and House of Representatives according to the rules and
limitations prescribed in the case of a bill.

Sect. 8. The Congress shall have power To lay and

collect taxes, duties, imposts and excises, to pay the debts
and provide for the common defence and general welfare of
the United States; but all duties, imposts and excises shall
be uniform throughout the United States :

To borrow money on the credit of the United States :

To regulate commerce with foreign nations, and among
the several states, and with the Indian tribes:

To establish an uniform rule of naturalization, and uni-
form laws on the subject of bankruptcies throughout the
United States :

To coin money, regulate the value thereof, and of foreign
coin, and fix the standard of weights & measures:

To provide for the punishment of counterfeiting the secu-
rities and current coin of the United States:

To establish post-offices and post-roads :

To promote the progress of science and useful arts, by
securing for limited times to authors and inventors the exclu-
sive right to their respective writings and discoveries :

To constitute tribunals inferior to the supreme court :

To define and punish piracies and felonies committed on
the high seas, and offences against the law of nations :

To declare war, grant letters of marque and reprisal, and
make rules concerning captures on land and water:

To raise and support armies, but no appropriation of
money to that use shall be for a longer term than two years :

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To provide and maintain a navy:

To make rules for the government and regulation of the
land an^ naval forces:

To provide for calling forth the militia to execute the
laws of the Union, suppress insurrections and repel inva-
sions :

To provide for organizing, arming, and disciplining the
militia, and for governing such part of them as may be em-
ployed in the service of the United States, reserving to the
states respectively, the appointment of the officers, and and
the authority of training the militia according to the discipline
prescribed by Congress :

To exercise exclusive legislation in all cases whatsoever,
over such district (not exceeding ten miles square) as may,
by cession of particular states, and the acceptance of Con-
gress, become the seat of the government of the United
States, and to exercise like authority over all places pur-
chased by the consent of the legislature of the state in which

the same shall be, for the erection of forts, magazines, ar-

«
senals, dock-yards, and other needful buildings: — And

To make all laws which shall be necessary and proper
for carrying into execution the forgoing powers, and all
other powers vested by this Constitution in the govern-
ment of the United States, or in any department or officer
thereof.

Sect. 9. The migration or importation of such persons as
any of the states now existing shall think proper to admit,
shall not be prohibited by the Congress prior to the year
one thousand eight hundred and eight, but a tax or duty may
be imposed on such importation, not exceeding ten dollars
for each person.

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The privilege of the writ of habeas corpus shall not be
suspended, unless when in cases of rebellion or invasion the
public safety may require it.

No bill of attainder or ex post facto law shall be passed.

No capitation, or other direct, tax shall be laid, unless
in proportion to the census or enumeration herein before di-
rected to be taken.

No tax or duty shall be laid on articles exported from any
state. No preference shall be given by any regulation of
commerce or revenue to the ports of one state over those
of another; nor shall vessels bound to, or from, one state,
be obliged to enter, clear, or pay duties in another.

No money shall be drawn from the treasury, but in con-
sequence of appropriations made by law; and a regular
statement and account of the receipts and expenditures of all
public money shall be published from time to time.

Sect. ID. No state shall enter into any treaty, alliance, or
confederation; grant letters of marque and reprisal; coin
money; emit bills of credit; make any thing but gold and
silver coin a tender in payment of debts ; pass any bill of
attainder ex post facto law, or law impairing the obligation of
contracts ; or grant any title of nobility.

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state on imports or exports, shall be for the use of the
Treasury of the United States; and all such laws shall be
subject to the revision and controul of the Congress. No
state shall, without the consent of Congress, lay any duty of
tonnage, keep troops, or ships of war in time of peace, enter
into any agreement or compact with another state, or with
a foreign power, or engage in war, unless actually invaded,
or in such imminent danger as will not admit of delay.

Article II.

Sect. I. The executive power shall be vested in a President
of the United States of America. He shall hold his office
during the term of four years, and, together with the Vice-
President, chosen for the same term, be elected as follows :

Each state shall appoint, in such manner as the legislature
thereof may direct, a number of electors, equal to the whole
number of* senators and representatives to which the state
may be entiried in the Congress : but no senator or repre-
sentative, or person holding an office of trust or profit under
the United States, shall be appointed an elector.

The electors shall meet in their respective states, and vote
by ballot for two persons, of whom one at least shall not be
an inhabitant of the same state with themselves. And they
shall make a list of all the persons voted for, and of the num-
ber of votes for each ; which list they shall sign and certify,
and transmit sealed to the seat of the government of the
United States, directed to the President of the Senate. The
president of the senate shall, in the presence of the Senate
and House of Representatives, open all the certificates, and
the votes shall then be counted. The person having the
greatest number of votes shall be the President, if such num-

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ber be a majority of the whole number of electors appointed ;
and if there be more than one who have such majority, and
have an equal number of votes, then the House of Repre-
sentatives shall immediately chuse by ballot one of them for
President; and if no person have a majority, then from the
five highest on the list the said House shall in like manner
chuse the President. But in chusing the President, the votes
shall be taken by states, the representation from each state
having one vote; a quorum for this purpose shall consist of
a member or members from two-thirds of the states, and a
majority of all the states shall be necessary to a choice. In
every case, after the choice of the President, the person hav-
ing the greatest number of votes of the electors shall be the
Vice-President. But if there should remain two or more
who have equal votes, the Senate shall chuse from them by
ballot the Vice-President.

The Congress may dertermine the time of chusing the
electors, and the day on which they shall give their votes ;
which day shall be the same throughout the United States.

No person except a natural born citizen, or a citizen of
the United States, at the time of the adoption of this constitu-
tion, shall be eligible to the office of President ; neither shall
any person be eligible to that office who shall not have at-
tained to the age of thirty-five years, and been fourteen years
a resident within the United States.

In case of the removal of the President from office, or of
his death, resignation, or inability to discharge the powers
and duties of the said office, the same shall devolve on the
Vice-President, and the Congress may by law provide for the
case of removal, death, resignation, or inability, both of the
President and Vice-President, declaring what officer shall

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then act as President, and such officer shall act accordingly,
until the disability be removed, or a President shall be elected.

The President shall, at stated times, receive for his serv-
ices, a compensation, which shall neither be encreased nor
diminished during the period for which he shall have been
elected, and he shall not receive within that period any other
emolument from the United States, or any of them.

Before he enter on the execution of his office, he shall
take the following oath or affirmation : —

**I do solemnly swear (or affirm) that I will faithfully ex-
**ecute the office of President of the United States, and will
**to the best of my ability, preserve, protect and defend
**the Constitution of the United States.'*

Sect. 2. The President shall be commander in chief of the
army and navy of the United States, and of the militia of
the several States, when called into the actual service of the
United States; he may require the opinion, in writing, of
the principal officer in each of the executive departments,
upon any subject relating to the duties of their respective
offices, and he shall have power to grant reprieves and par-
dons for offences against the United States, except in cases
of impeachment.

He shall have power, by and with the advice and consent
of the Senate, to make treaties, provided two-thirds of the
Senators present concur; and he shall nominate, and by and
with the advice and consent of the Senate, shall appoint am-
bassadors, other public ministers and consuls, judges of the
supreme court, and all other officers of the United States,
whose appointments are not herein otherwise provided for,
and which shall be established by law. But the Congress
may by law vest the appointment of such inferior officers, as

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they think proper in the President alone, in the courts of
law, or in the heads of departments.

The President shall have power to fill up all vacancies
that may happen during the recess of the Senate, by grant-
ing commissions which shall expire at the end of their next
Session.

Sect. 3. He shall from time to time give to the Congress
information of the state of the union, and recommend to their
consideration such measures as he shall judge necessary and
expedient ; he may, on extraordinary occasions, convene both
houses, or either of them, and in case of disagreement be-
tween them, with respect to the time of adjournment, he
may adjourn them to such time as he shall think proper;
he shall receive ambassadors and other public ministers;
he shall take care that the laws be faithfully executed, and
shall commission all the officers of the United States.

Sect. 4. The president, vice-president and all civil officers
of the United States shall be removed from office on im-
peachment for, and conviction of, treason, bribery, or other
high crimes and misdemeanors.

Article III.
Sect I. The judicial power of the United States, shall be

vested in one supreme court, and. such inferior courts as the
Congress may from time to time ordain and establish. The
judges, both of the supreme and inferior court, shall hold
their offices during good behaviour, and shall, at stated times,
receive for their services, a compensation, which shall not be
diminished during their continuance in office.

Sect 2. The judicial power shall extend to all cases, in

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law and equity, arising under this constitution, the laws of the
United States, and treaties made, or which shall be made,
under their authority ; to all cases affecting ambassadors, other

to all cases of admiralty and maritime jurisdiction ;

public ministers and consuls ; to controversies to which the
United States shall be a party ; to controversies between two
or more states, between a state and citizens of another state,
between citizens of different states, between citizens of the
same state claiming lands under grants of different states,
and between a state, or the citizens thereof, and foreign
states, citizens or subjects.

In all cases affecting ambassadors, other public ministers
and consuls, and those in which a state shall be [**a" stricken
out] party, the supreme court shall have original jurisdiction.
In all the other cases before mentioned, the supreme court
shall have appellate jurisdiction, both as to law and fact, with
such exceptions, and under such regulations as the Congress
shall make.

The trial of all crimes, except in cases of impeachment,
shall be by jury ; and such trial shall be held in the state
where the said crimes shall have been committed ; but when
not committed within any state, the trial shall be at such place
or places as the Congress may by law have directed.

Sect. 3. Treason against the United States shall consist
only in levying war against them, or in adhering to their ene-
mies, giving them aid and comfort. No person shall be con-
victed of treason unless on the testimony of two witnesses to
the same overt act, or on confession in open court.

The Congress shall have power to declare the punishment
of treason, but no attainder of treason shall work corruption
of blood, or forfeiture, except during the life of the person
attainted.

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79
Article IV.

Sect. I .. Full faith and credit shall be given in each state
to the public acts, records, and judicial proceedings, of every
other state. And the Congress may by general laws pre-
scribe the manner in which such acts, records, and proceed-
ings, shall be proved, and the effect thereof

Sect. 2. The citizens of each state shall be entitled to all
privileges and immunities of citizens in the several states.

A person charged in any state with treason, felony, or
other crime, who shall flee from justice, and be found in another
state, shall, on demand of the executive authority of the state
from which he fled, be delivered up, to be removed to the
state having jurisdiction of the crime.

No person held to service or labour in one state, under
the laws thereof, escaping into another, shall, in consequence
of any law or regulation therein, be discharged from such
service or labour, but shall be delivered up on claim of the
party to whom such service or labour may be due.

Sect. 3. New states may be admitted by the Congress
into this Union ; but no new state shall be formed or erected
within the jurisdiction of any other state ; nor any state be
formed by the junction of two or more states, or parts of
states, without the consent of the legislatures of the states
concerned as well as of the Congress.

Sect. 4. The United States shall guarantee to every state
in this Union a republican form of government, and shall

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protect each of them against invasion ; and on application of
the legislature, or of the executive (when the legislature can-
not be convened) against domestick violence.

Article V.

The Congress, when ever two-thirds of both houses shall
deem it necessary, shall propose amendments to this consti-
tution, or, on the application of the legislatures of two-thirds
of the several states, shall call a convention for proposing
amendments, which, in either case, shall be valid to all intents
and purposes, as part of this constitution, when ratified by the
legislatures of three-fourths of the several states, or by con-
ventions in three-fourths thereof, as the one or the other mode
of ratification may be proposed by the Congress ; Provided,
that no amendment which may be made prior to the year one
thousand eight hundred and eight, shall in any manner affect
the first and fourth clauses in the ninth section of the first
article; and that no state, without its consent, shall be de-
prived of its equal suffrage in the senate.

Article VI.

All debts contracted, and engagements entered into, be-
fore the adoption of this constitution, shall be as valid against
the United States under this constitution, as under the con-
federation.

This constitution, and the laws of the United States which
shall be made in pursuanqe thereof; and all treaties made, or
which shall be made, under the authority of the United States,
shall be the supreme law of the land ; and the judges in every
state shall be bound thereby, any thing in the constitution or
laws of any state to the contrary notwithstanding.

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The senators and representatives before mentioned, and
the members of the several state legislatures, and all execu-
tive and judicial officers, both of the United States and of the
several States, shall be bound by oath or affirmation, to sup-
port this constitution ; but no religious test shall ever be re-
quired as a qualification to any office or public trust under
the United States.

Article VII.

The ratification of the conventions of nine states, shall be
sufficient for the establishment of this constitution between
the states so ratifying the same.

Done in Convention, by the unanimous consent of the
States present, the seventeenth day of September, in
the year of our lord, one thousand seven hundred and
eighty-seven, and of the Independence of the United
States of America the twelfth. In witness whereof we
have hereunto subscribed our names.

George Washington, President,

and Deputy from Virginia.

John Langdon,
Nicholas Gilman.
Nathaniel Gorham,
RuFus King.
William S. Johnson,
Roger Sherman.
Alexander Hamilton.
William Livingston,
David Brearly,
William Patterson,
Jonathan Dayton,

New Hampshire-
Massachusetts —

Connecticut —
New York —

New Jersey —

3 AP-

-6.

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Pennsylvania-

Delaware —

Maryland —
Virginia —
North Carolina —

South Carolina —
Georgia —

Benjamin Franklin,

Thomas Mifflin,

Robert Morris,

G. Clymer,

Thomas Fitzsimons,

Jared Ingersoll,

James Wilson,
. GovERNEUR Morris.
^ George Read, Gunning Bedford,
Junior;

John Dickinson, Richard Bassett,
Jacob Broom.

James M^Henry,

Daniel of S"^ Thomas Jennifer,

Daniel Carrol.

John Blair, James Madison Junior.
^ William Blount,

Richard Dobbs Spaight,

Hugh Williamson.
" John Rutledge, Charles C. Pinck-

NEY,

Charles Pinckney, Pierce Butler.
William Few, Abraham Baldwin.

Attest. William Jackson, Sec^''

And Whereas the United States in Congress assembled
did, on the twenty-eighth day of September, one thousand
seven hundred and eighty-seven. Resolve, unanimously. That
the said Report, with the resolutions and letter accompany-
ing the same, be transmitted to the several Legislatures,

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in order to be submitted to a Convention of Delegates
chosen in each State by the People thereof, in conformity
to the Resolves of the Convention made and provided in
that case.

And Whereas the Legislature of the State of Georgia
did, on the twenty-sixth day of October, one thousand seven
hundred and eighty-seven, in pursuance of the above re-
cited resolution of Congress,

Resolve, That a convention be elected on the day of the
next General Election, and in the same manner as repre-
sentatives are elected ; and that the said Convention consist
of not more than three members from each County. And
that the said Convention should meet at Augusta, on the
fourth Tuesday in December then next, and as soon there-
after as convenient, proceed to consider the said Report, let-
ter and resolutions, and to adopt or reject any part or the
whole thereof.

Now Know Ye, That We, the Delegates of the People
of the State of Georgia in Convention met, pursuant to
the Resolutions of the Legislature aforesaid, having taken
into our serious consideration the said Constitution, Have
assented to, ratified and adopted, and by these presents DO,
in virtue of the powers and authority to Us given by the
People of the said State for that purpose, for, and in behalf
of ourselves and our Constituents, fully and entirely assent
to, ratify and adopt the said Constitution.

Done in Convention, at Augusta in the said State;
on the second day of January, in the year of our Lord
one thousand seven hundred and eighty eight, and of
the Independence of the United States the twelfth. In

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Witness whereof we have hereunto subscribed our
names.

John

Wereat

. President

and

Delegate for the County

of Richmond.

W: Stephens
Joseph Habersham

y Chatliam

Jenkins Davis
N Brownson

>- Effingham

Edw^ Telfair )

^ ^ } Burke
H. Todd j

William Few

James McNeil

y Richmond

Geo Mathews

f-f

Flor^^ Sullivan

^ Wilkes

sr
>

John King

James. Powell
John Elliott

y Liberty

James Maxwell

C/5

Geo: Handley.

3
5?

Christopher Hillary

^ Glynn

J: Mason.
Henry Osborne

James Seagrove

- Camden

Jacob Weed

Jared Irwin
John Rutherford

y Washington

RoB*^ Christmas

Thomas Daniell

- Greene

R Middleton

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85
[indorsement.]

Georgia.

Ratification of the Foederal Constitution by the State of

Georgia.

Recorded page 107 @ no

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Hartford Jan^ 1788—

I herewith Transmit Enclos"* to you The Ratification of
the Convention of Delagates from the Several Towns in the
State of Connecticutt held at Hartford on the 3"* Day of Jan-
uary Instant (Pursuant to a Resolve of the Legislature of
s^ State at the Sessions of their General Assembly held at
New Haven on the Second Thursday of October //8y)
adopting The Fideral Constitution of Civil Goverment for
the United States of America Compos*^ by the Convention:
Held at Philadelphia on the 17*** of September last for that
Purpose which Ratification is Subscribed by a great Majority
of all the Delagates appointed by the State of Connecti-
cutt to Deliberate upon the Matters aforesaid: This State
will Undoubtedly: do all in their Power to Promote the Es-
tablishment of so Salutary a Plan of Goverment

I have the Hon^ to be your

Excellencies Most Obedient humble Serv *

Matth^ Griswold :
His Excellent the President of Congress:

[indorsement.]

Letter Jan^ 1 788 —

President of Convention State of Connecticut transmitting
Ratification of the Constitution

Read Jan^ 22^ 1788—

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[coat of arms.]
In the Name of the People of the State of Connecticut.
We the Delegates of the People of s^ State in general Con-
vention assembled, pursuant to an Act of the Legislature in
October last, Have assented to and ratified, and by these
presents do assent to, ratify and adopt the Constitution, re-
ported by the Convention of Delegates in Philadelphia, on
the 1 7* day of September AD. 1787. for the United States
of America.

Done in Convention this 9'^ day of January AD. 1788. In
witness whereof we have hereunto set our hands.
Matthew Griswold President:

J ere" Wadsworth
Jesse Root
Isaac Lee
Selafi Heart
Zebulon Peck ju*^
Elisha Pitkin
Erastus Wolcott
John Watson
John Treadwell
William Judd
Joseph Mosely
Wait Goodrich
John Curtiss
Asa Barns

Stephen Mix Mitchell
John Chester
Oliv Ellsworth
Roger Newberry
Roger Sherman

PiERPONT Edwards
Samuel Beach
Daniel Holbrook
John Holbrook
Gideon Buckingham
Lewis Mallet J*^
Joseph Hopkins
John Welton
Rich^ Law
Amasa Learned
Sam^ Huntington
Jed Huntington
Isaac Huntington
•Robert Robbins.
Dan^^ Foot
Eli Hyde

Joseph Woodbridge
Stephen Billings
Andrew Lee

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William Noyes
Joshua Raymond Jun"^
Jer" Halsey
Wheeler Coit
Charles Phelps
Nathaniel Minor
Jonathan Sturges
Thaddeus Burr
Elisha Whittelsey
Joseph Moss White
Amos Mead
Jabez Fitch
Nehemiah Beardsley
James Potter
John Chandler
John Beach
Hez" Rogers
Lem^ Sanford
William Heron
Philip Burr Bradley
Nathan Dauchy
James Davenport
John Davenport Jun'
W^ Sam^ Johnson
Elisha Mills
Eleph"^ Dyer
Jed'^ Elderkin
Simeon Smith
Hendrick Dow
Seth Paine
Asa Witter

Moses Cleaveland
Sampson Howe
WiLL*^ Danielson
W^ Williams
James Bradford
Joshua Dunlop
Daniel Learned
Moses Campbell
Benjamin Dow
Oliver Wolcott

JeDEDIAH STRON(i

Moses Hawley
Charles Burrall
Nathan Hale
Daniel Miles
Asaph Hall
Isaac Burnham
John Wilder
Mark Prindle
Jedidiah Hubbel
Aaron Austin
Samuel Canfield
Daniel Everitt
Hez: Fitch
Joshua Porter
Benj^ Hinman
Epaphras Sheldon
Eleazer Curtiss
John Whittlesey
Dan^ Nath^ Brinsmade
Thomas Fenn

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David Smith
Robert M^Cane
Daniel Sherman
Samuel Orton
ASHER MnxER
Sam^ H. Parsons
Eben^ White
Hez" Goodrich
Dyar Throop
Jabez Chapman
Cornelius Higgins
Hezekiah Brainerd
Theophilus Morgan

William Hart
Sam^ Shipman
Jeremiah West
Samuel Chapman
Ichabod Warner
Samuel Carver
Jeremiah Ripley
Ephraim Root
John Phelps
Isaac Foot
Abijah Sessions
Caleb Holt
Seth Crocker

Hez" Lane
State of Connecticut, ss. Hartford January ninth, Anno Dom-
ini one thousand, seven hundred and eighty eight.
The foregoing Ratification was agreed to, and signed as
above, by one hundred and twenty eight, and dissented to
by forty Delegates in Convention, which is a Majority of
eighty eight.

Certified by Matthew Griswold President.
Teste Jedidiah Strong Secretary —

[indorsement.]

Connecticut.
Ratification of the Foederal Constitution by the State of Con-
necticut.

Recorded Page 93-96.

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Com W Mass

In Senate Oct^ 20*** 1787
Whereas the convention lately assembled at Philed" have
reported to Congress a Constitution for the U S A, in which
convention were represented the States of New Hamsh^
Massa**, Connec*, N York, N Jersey, Penssil*, Maryland, Vir-
ginia, N Carolina, S Carolina & Georgia ; which Constitution
was unanimously approved of by the said States in Conven-
• tion assembled :

And

[**And** stricken out] whereas that Convention resolved,
that the said Ccwistitution should be laid before the United
States in Congress assembled. And that it was their opinion
that it should be submitted to a Convention of delegates
chosen in each state by the people thereof, under the recom-
mendation of its legislature for their assent & ratification ; &
that each Convention assenting to & ratifying the same, should
give notice thereof to the united States in Congress assembled.
And whereas the United States in Congress assembled,
by their resolution of the 28**" Sep* last. Unanimously resolved,
**That the Constitution so reported be transmitted to the
several Legislatures in order to be submitted to a Conven-
tion of Delegates chosen in each State by the people thereof,
in conformity to the resolves of the said Convention in that
case made & provided/* *• And whereas the said Constitution
has been transmitted to the legislature of this Com Wealth
accordingly:

It is therefore resolved, that it be, & it is hereby recom-

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mended to the people of this C Wealth, that a Convention of
Delegates be chosen agreeably to, & for the purposes men-
tioned in the resolution of Congress aforesaid, to meet at the

State

["Senate" stricken out] House in Boston, on the 2** Wednes-

day of Jan^ next, & that the Constitution so reported, be sub-
mitted to the said Convention, for their assent & ratification ;
And that the said Convention assenting to & ratifying the
same, give notice thereof to the United States in Congress
assembled in conformity to the resolves of said Convention,
in that case made & provided.

And it is further resolved, that the Selectmen of the
several Towns & districts within this Commonwealth, be, &
they hereby are directed to convene as soon as may be, the
inhabitants of their several Towns & districts, qualified by
law to vote in the election of representatives, for the purpose
of chusing Delegates to represent them in said Convention.

And to preserve an equality to the people in their repre-
sentation in the said Convention, that the several Towns &
Districts elect respectively, by ballot, not exceeding the same
number of Delegates as by Law they are entitled to send
Representatives to the General Court.

And it is further resolved, that the Secretary immediately
procure to be printed a sufficient number of copies of these
resolutions, as also of the said Constitution, with the resolu-
tions of the Convention, & their Letter to the President of

nying

Congress, accompa the same ; And also of the Resolution of
the United States in Congress assembled, thereupon; And
that he transmit three Copies of the same, as soon as may
be, by expresses to the Sheriffs of the several Counties within
this Commonwealth, with positive directions to be by them
or their deputies without delay, personally delivered to the

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Selectmen of each Town & district with their respective
Counties.

And it is further resolved, that the Selectmen or the major
part of the Selectmen of each Town or district, shall certify
the election of such person or persons as may be appointed
by their respective Towns or Districts [** shall certify the
election of such person or persons as may be appointed by
their respective Towns or Districts'* stricken out] as a Dele-
gate or Delegates to the Convention aforesaid.

And it is further resolved, that the several Delegates of
the said Convention, be allowed for their travel & attendance,
out of the public treasury, the same pay as will be allowed to

for

the Representatives there^[**of" stricken out] this present
session, & that the same be defrayed at the public expence.
And it is further resolved, that his Excellency the Gov' be, &

wiih advice of Council,

he hereby is requested, , to issue his warrant upon the Treas-
urer, directing him to discharge the pay roll of the said Con-
vention, out of any monies which will then be in the Treasury,
not appropriated.

And it is further resolved, that if there shall not be suf-
ficient monies then in the Treasury for that purpose, [**that*'
stricken out] the Treasurer is hereby authorised & directed,
to borrow sufficient monies therefor, on such funds of the

ted

goverment as are not appropria

Sent down for Concurrence

Sam^^ Adams Presid*

In the House of Representatives Oct' 25 1787

Read & Concured

James Warren Spk*"
Approved

John Hancock
A true Copy — Attest

John Avery jun Secretary

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93
[indorsement.]

Copy of Resolutions of the Commonwealth of Massachusetts
for calling a State Convention

Recorded page 97-100.
(furnished by M"^ Otis)

Commonwealth of Massachusetts.

In Convention of the delegates of the People of the Com-
monwealth of Massachusetts February 6^ 1 788

The Convention having impartially discussed, & fully con-
sidered The Constitution for the United States of America,
reported to Congress by the Convention of Delegates from
the United States of America, & submitted to us by a reso-
lution of the General Court of the said Commonwealth,
passed the twenty fifth day of October last past, & acknowl-
edging with grateful hearts, the goodness of the Supreme
Ruler of the Universe in affording the People of the United
States in the course of his providence an opportunity deliber-
ately & peaceably without fraud or surprize of entering into
an explicit & solemn Compact with each other by assenting to
& ratifying a New Constitution in order to form a more per-
fect Union, establish Justice, insure Domestic tranquillity,
provide for the common defence, promote the general wel-
fare & secure the blessings of Liberty to themselves & their
posterity ; Do in the name & in behalf of the People of the
Commonwealth of Massachusetts assent to & ratify the said
Constitution for the United States of America.

And as it is the opinion of this Convention that certain
amendments & alterations in the said Constitution would

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remove the fears & quiet the apprehensions of many of the
good people of this Commonwealth & more effectually guard
against an undue administration of the Federal Govern-
ment, The Convention do therefore recommend that the fol-
lowing alterations & provisions be introduced into the said
Constitution.

First, That it be explicitly declared that all Powers not ex-
pressly delegated by the aforesaid Constitution are reserved
to the several States to be by them exercised.
Secondly, That there shall be one representative to every
thirty thousand persons according to the Census mentioned
in the Constitution until the whole number of the Representa-
tives amounts to Two hundred.

Thirdly, That Congress do not exercise the powers vested
in them by the fourth Section of the first article, but in cases
when a State shall neglect or refuse to make the regulations
therein mentioned or shall make regulations subversive of
the rights of the People to a free & equal representation in
Congress agreeably to the Constitution.
Fourthly, That Congress do not lay direct Taxes but when
the Monies arising from the Impost & Excise are insufficient
for the publick exigencies nor then until Congress shall have
first made a requisition upon the States to assess levy & pay
their respective proportions of such Requisition agreeably to
the Census fixed in the said Constitution ; in such way &
manner as the Legislature of the States shall think best, &
in such case if any State shall neglect or refuse to pay its
proportion pursuant to such requisition then Congress may
assess & levy such State's proportion together with interest
thereon at the rate of Six per cent per annum from the time
of payment prescribed in such requisition

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Fifthly^ That Congress erect no Company of Merchants with
exclusive advantages of commerce.

Sixthly^ That no person shall be tried for any Crime by which
he may incur an infamous punishment or loss of life until he
be first indicted by a Grand Jury, except in such cases as may
arise in the Government & regulation of the Land & Naval
forces

Seventhly, The Supreme Judicial Federal Court shall have no
jurisdiction of Causes between Citizens of different States
unless the matter in dispute whether it concerns the realty
or personalty be of the value of three thousand dollars at
the least, nor shall the Federal Judicial Powers extend to any
actions between Citizens of different States where the matter
in dispute whether it concerns the Realty or personalty is
not of the value of Fifteen hundred dollars at the least.
Eightlily, In civil actions between Citizens of different States
every issue of fact arising in Actions at common law shall be
tried by a Jury if the parties or either of them request it.
Nint/ily, Congress shall at no time consent that any person
holding an office of trust or profit under the United States
shall accept of a title of Nobility or any other title or office
from any King, prince or Foreign State.

And the Convention do in the name & in behalf of the
People of this Commonwealth enjoin it upon their Represent-
atives in Congress at all times until the alterations & provi-
sions aforesaid have been considered agreeably to the Fifth
article of the said Constitution to exert all their influence &
use all reasonable & legal methods to obtain a ratification of
the said alterations & provisions in such manner as is provided
in the said Article.

And that the United States in Congress Assembled may

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have due notice of the Assent & Ratification of the said Con-
stitution by this Convention it is, Resolved, that the Assent
& Ratification aforesaid be engrossed on Parchment together
with the recommendation & injunction aforesaid & with this
resolution & that His Excellency John Hancock Esq' Presi-
dent & the Hon^'*' William Cushing Esq' Vice President, of
this Convention transmit the same, counter-signed by the
Secretary of the Convention under their hands & seals to
the United States in Congress Assembled

John Hancock President
W^ Cushing Vice President
George Richards Minot, Secretary.

Pursuant to the Resolution aforesaid We the President
& Vice President abovenamed Do hereby transmit to the
United States in Congress Assembled, the same Resolution
with the above Assent and Ratification of the Constitution
aforesaid for the United States, And the recommendation &
injunction above specified.

In Witness whereof We have hereunto set our hands &
Seals at Boston in the Commonwealth aforesaid this Seventh
day of February Anno Domini, one thousand Seven Hundred
& Eighty eight, and in the Twelfth year of the Independence
of the United States of America.

John Hancock President [seal.]
W^' Cushing Vice President [seal.]

[indorsement.]

Ratification of the Foederal Constitution by the Common-
wealth of Massachusetts —

Recorded Page loi — io6.

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Monday the twenty first Day of April seventeen hundred
and eighty eight being the Day recommended by the General
Assembly for the meeting of a Convention of the Delegates
of the People of this State for the purpose of considering and
determining on the proposed Plan of a Federal Government
transmitted to the General Assembly through the Medium of
Congress

Were present

Far Saint Marys County

M' Richard Barnes
M' George Plater
M' Charles Chilton
M' Nicho* Lewis Sewall

Kent County

M' William Tilghman
M' Donaldson Yates
M' Isaac Perkins
M' William Granger

Anne Arundel County

M' JeH' T. Chase
M' Jn** F. Mercer
M' Ben. Harrison
3 AP 7.

Coedl County

M' Joseph Gilpin
M' Henry Hollingsworth
M' James Gordon Heron
M' Samuel Evans

Prince George s County

M' Fielder Bowie
M' Osborn Sprigg
M' Benjamin Hall
M' George Digges

Worcester County

W Peter Chaille
M' Ja* Martin
M' W"* Morris
M' Jn*^ Done

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Calvert County

W Joseph Wilkinson
M' Charles Grahame
M' Jn^ Chesley Jun'
M' Walter Smith

Baltimore Cot^
W Charles Ridgely of W"

Charles County

W Gustavus R** Brown
M' Jn^ Parnham
M*^ Zephaniah Turner
M' Michael J. Stone

Frederick County

W Tho' Johnson
M' Abraham Faw

Washington County

W Tho* Sprigg
M^ Jn° Stull
M' Moses Rawlings
M*^ Henry Shryock

Montgomery Cotmty

W Kxch^ Thomas Sen'
M' William Deakins
M' Ben. Edwards

Sofnerset County
M"^ Waggaman

City of Annapolis

W Nich* Carroll

M"^ Alex Contee Hanson

Dorchester County

M*^ Nicholas Hammond
M' Daniel Sulivane
M' James Shaw

The Convention proceeded to the choice of a President,
and the Honorable George Plater Esquire waa unanimously
elected

The Convention appointed M' William Harwood Clerk
Ordered that he Qualify as such by taking an Oath that he

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will honestly faithfully and diligently discharge the Office of

Clerk to the Convention —

M' Cornelius Mills was appointed Messenger and M' Charles

Hogg Door Keeper, Ordered that they be qualified

M' Archibald Colder was appointed assistant Clerk to the

Convention, Ordered that he qualify by taking an Oath that

he will honestly faithfully and diligently discharge the Office

of assistant Clerk to the Convention —

Resolved that a Committee of Elections be appointed and

that they be directed to inspect the returns and make report

and M'' Johnson,

thereof — . M' Barnes, M' Jeremiah Townley Chase M*^ Done
and M' Faw were appointed a Committee for that pur-
pose

Resolved, that this Convention will sit from nine o Clock in
the Morning till three OClock in the Afternoon for consid-
ering the proposed Plan of Federal Government

The Convention Adjourns till to Morrow Morning 9
OClock

Tuesday April 22"** 1788 Convention met

Present the same Members as on Yesterday

The Proceedings of Yesterday were read
M' Thomas Sim Lee and M' Richard Potts Delegates re-
turned for Frederick County M' George Gale M*^ John Steu-
art and M' John Gale Delegates returned for Somerset
County ; M' James Tilghman M' John Seney and M' James
HoUyday Delegates returned for Queen Ann's County;
M' Edward Lloyd and M' John Stevens Delegates returned
for Talbot County ; M' Joseph Richardson M' William Rich-

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lOO

ardson M' Matthew Driver and M' Peter Edmondson Dele-
gates returned for Caroline County: M' Charles Ridgely
a Delegate returned for Baltimore County and M' James
M'^Henry a Delegate returned for Baltimore Town ap-
peared and took their Seats in the Convention
Resolved that the following Rules be observed during the
sitting of this Convention.

That when the President assumes the Chair the Members
shall take their Seats —

That at the opening of the Convention each Day, the
Minutes of the preceding Day shall be read, after which any
Business addressed to the Chair may be proceeded to.

That a Motion made and seconded shall be repeated by
the President. A Motion shall be reduced to Writing if re-
quired by the President or any two Members. A Motion
may be withdrawn by the Member making it before any De-
cision is had thereon.

That no Member speaking shall be interrupted but by a
call to Order by the President, or by a Member through the
President.
That no Member be referred to in Debate by Name.

That all Questions of Order be decided by the President,
without Debate, but the President may refer such Questions
to the House, which shall decide also without Debate.

That every Member attending the Convention shall be
in his place at the Time to which the Convention stands
adjourned or within half an Hour thereof.

That during the sitting of this Convention the Doors
shall be open.

M' Johnson from the Committee of Elections brings in
and delivers to M' President the following Report.

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lOI

By the Committee of Elections —

Your Committee beg leave to Report, That by the Certifi-
cates of the several Sheriffs, it appears that the following
Persons are duly elected and returned for their respective
Counties — to wit. For Saint Mary's County — Richard Barnes,
George Plater, Charles Chilton and Nicholas Lewis Sewall
Esquires; — For Kent County — William Tilghman, Donald-
son Yates, Isaac Perkins, and William Granger Esquires

For Anne Arundel County Jeremiah Townley Chase, Samuel
Chase, John Francis Mercer and Benjamin Harrison Esquires:
For Calvert County Joseph Wilkinson Charles Grahame, John
Chesley Jun' and Walter Smith Esquires: For Charles
County — Gustavus Richard Brown, John Parnham, Zeph-
aniah Turner and Michael Jenifer Stone Esquires: For Bal-
timore County — Charles Ridgely, Charles Ridgely son of
William, Edward Cockey and Nathan Cromwell Esquires:
For Talbot County — ^Jererniah Banning Robert Goldsbor-
ough, Edward Lloyd and John Stevens Esquires For Som-
erset County George Gale, Henry Waggaman, Jn** Steuart
and John Gale Esquires: For Dorchester County Robert
Goldsborough, Nicholas Hammond, Daniel Sulivane, and
James Shaw Esquires: For Coecil County: Joseph Gilpin,
Henry Hollingsworth, James Gordon Heron, and Samuel
Evans Esquires: For Prince Georges County — Fielder
Bowie, Osborn Sprigg, Benjarrfin Hall and George Digges
Esquires : That by the Certificate of the Aldermen of the City
of Annapolis it appears, that Nicholas Carroll and Alexander
Contee Hanson Esquires are duly elected and returned Dele-
gates for the said City: For Queen Anns County, James
Tilghman John Seney, James Hollyday and William Hemsley

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Esquires: For Worcester County, Peter Chaille, James Mar-
tin, William Morris and John Done Esquires : For Frederick
County Thomas Johnson, Thomas Sim Lee, Richard Potts
and Abraham Shaw Esquires : For Harford County, William
Paca, John Love, William Pinkney and Luther Martin Es-
quires: For Caroline County, Joseph Richardson, William
Richardson, Matthew Driver, and Peter P2dmondson Esquires
That by the Certificate of the Commissioners of Baltimore
Town it appears that James M^Henry and John Coulter Es-
quires are duly elected and returned Delegates for said
Town — For Washington County Thomas Sprigg, John Stull,
Moses Rawlings, and Henry Shryock Esquires: For Mont-
gomery County, Thomas Cramphin, Richard Thomas Sen'
William Deakins and Benjamin Edwards Esquires

By Order A. Colder CI

Which was read the first and second Time and concurred
with The Convention adjourns till to morrow Morning 9
o Clock

Wednesday April 23"* 1788 Convention met
Present the same Members as on Yesterday
The Proceedings of Yesterday were read
M^" John Coulter a Delegate returned for Baltimore Town
and M*^ William Pinkney a Delegate returned for Harford

County appeared and took their Seats in the Convention

The proposed Plan of Federal Government for the United
States was read the first Time and thereupon Resolved, That
this Convention will not enter into any Resolution, upon any
Particular Part of the proposed plan of Federal Government
for the United States; But that the whole thereof shall be
read through a second Time, after which the Subject may be

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fully debated and considered. And then the President shall
put the Question, that this Convention do assent to and ratify
the same Constitution, On which Question the Yeas and Nays
shall be taken — ^The proposed Plan of Federal Government
was read the second Time agreeably to the above Resolu-
tion— The Convention adjourns till to morrow Morning 9
o Clock

Thursday April 24. 1788. Convention met

Present the same Members as on Yesterday
The proceedings of Yesterday were Read —
M' William Hemsley a Delegate returned for Queen Anns
County; M"^ Edward Cockey and M*^ Nathan Cromwell Dele-
gates returned for Baltimore County, M*^ Robert Goldsbor-
ough a Delegate returned for Talbot County, M' Samuel
Chase, a Delegate returned for Anne Arundel County M""
Luther Martin and M' John Love Delegates returned for
Harford County, appeared and took their Seats in the Con-
vention—

The Convention adjourns till half after four oClock Post
Meridiem.

The Convention met

M' Thomas Cramphin a Delegate returned for Montgomery
County and M' William Paca a Delegate returned for Har-
ford County appeared and took their Seats in the Conven-
tion—

The Convention adjourns till to Morrow Morning 9
o Clock —

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Friday April 25* 1788 Convention met

Present the Same Members as on Yesterday
The Proceedings of Yesterday were read
The Convention adjourns till to Morrow Morning 9
oClock

Saturday April 26*** 1788 The Convention met

Present the same Members as on Yesterday

The Proceedings of Yesterday were read —

The Question was put, that the Convention assent to, and

ratify the proposed Plan of Federal Government for the

United States and the Yeas and Nays being taken appeared

as follows

Affirmative

The Hon*^'*^ the President

M' Barnes

M^ Chilton

M' Sewall

M"^ W*" Tilghman

M' Yates

M' Perkins

M"^ Granger

M' Wilkinson

M' Grahame

M' Chesley

M^ Smith

M' Brown

M' Parnham

M' Turner

M"^ Stone

M' Goldsborough

M*^ Jn*» Gale

M' Hammond

M*^ Sulivane

M' Shaw

M' Gilpin

M^ Hollingsworth

M^ Heron

M' Evans

M' Bowie

M' O. Sprigg

M^ Hall

M' Digges

M^ Carroll

M' Hanson

M"^ J Tilghman

M' Seney

M*^ Done
M' Johnson
M' Lee
M' Potts
M' Faw
M^ Paca -
M' J Richardson
M"^ W: Richardson
M*^ Driver
M*^ Edmondson
M"^ M'^Henry
M*^ Coulter
M^ T. Sprigg
M^ Stull
M' Rawlings
M' Shryock

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M' Hollyday

M*^ Hemsley

M^ Chaille

M' Martin

M' Morris

Negative

M"^ Ridgely

M^ Ridgely of W"

M' Cockey

M' Cromwell
So it was resolved in the Affirmative

Geo. Plater Presid'
Attest.

William Harwood Clk.
A^ GoLDER, Assis* CI.

M*^ Lloyd
M' Stevens
M' Geo. Gale
M' Waggaman
M' Steuart

M^ J. T: Chase
M' S Chase
M' Mercer
M"^ Harrison

M"^ Cramphin
M*^ Thomas
M' Deakins
M' Edwards

63.

M' Love
M' Pinkney
M' L Martin
1 1.

^ We the People of the United States, in order to form a
.% more perfect Union, establish Justice, insure domestick
Tranquillity, provide for the common Defence promote the
general Welfare, and secure the Blessings of Liberty to
ourselves and our Posterity, do ordain and establish this
Constitution for the United States of America.

Article i

Sect I, All Legislative Powers herein granted shall be

vested in a Congress of the United States, which shall consist

of a Senate and House of Representatives

m Sect 2, The House of Representatives shall be composed

2 of Members chosen every second Year by the People of

the several States, and the Electors in each State shall

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have the Qualifications requisite for Electors of the most
numerous branch of the State Legislature.
No person shall be a Representative who shall not have
attained to the Age of twenty five Years, and been seven
Years a Citizen of the United States, and who shall not, when
elected, be an Inhabitant of that State in which he shall be
chosen.

Representatives and direct Taxes shall be apportioned
among the several States which may be included within this *
Union, according to their respective Numbers, which shall be
determined by adding to the whole number of free Persons,
including those bound to service for a Term of Years, and
excluding Indians not taxed, three fifths of all other Persons.
The actual enumeration shall be made within three Years
after the first meeting of the Congress of the United States,
and within every subsequent Term of ten Years, in such
manner as they shall by Law direct. The number of Rep-
resentatives shall not exceed one for every Thirty Thousand
but each State shall have at least one Representative, and
untill such Enumeration shall be made, the State of New-
Hampshire shall be entitled to choose three, Massachusetts
eight, Rhode-Island and Providence Plantations One, Con-
necticut five, New-York Six, New-Jersey Four, Pennsylvania
Eight, Delaware One, Maryland Six, Virginia Ten, North
Carolina Five, South-Carolina five, and Georgia Three.
When Vacancies happen in the Representation from any
State, the executive Authority thereof, shall issue Writs of
Election to fill such Vacancies.

The House of Representatives shall choose their Speaker,
and other Officers ; and shall have the sole Power of Impeach-
ment.

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Sect. 3 The Senate of the United States shall be composed
of two Senators from each State, chosen by the Legislature
thereof, for six Years; and each Senator shall have one
Vote.

Immediately after they shall be assembled in Consequence
of the first Election, they shall be divided as equally as may
be into three Classes. The Seats of the Senators of the first
Class shall be vacated at the Expiration of the second Year,
of the second Class at the Expiration of the fourth Year,
and of the third Class at the Expiration of the sixth Year, so
that one third may be chosen every second Year; and
if Vacancies hiappen by Resignation, or otherwise, during
the recess of the Legislature of any State, the Executive
thereof may make Temporary Appointments untill the next
meeting of the Legislature, which shall then fill such Vacan-
cies.

No Person shall be a Senator who shall not have at-
tained to the Age of Thirty Years, and been nine Years
a Citizen of the United States, and who shall not, when
elected, be an Inhabitant of that State for which he shall
be chosen.

The Vice-President of the United States shall be president
of the Senate, but shall have no Vote, unless they be
equally divided.

The Senate shall choose their other Officers, and also a
President Pro tempore, in the absence of the Vice-President,
or when he shall exercise the Office of President of the United
States.

The Senate shall have the sole Power to try all Impeach-
ments. When sitting for that purpose, they shall be on Oath
or Affirmation. When the President of the United States is

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tried, the Chief Justice shall preside: And no person shall
be convicted without the Concurrence of two thirds of the
Members present.

Judgment in Cases of Impeachment shall not extend fur-
ther than to removal from Office, and Disqualification to hold
and enjoy any Office of Honour, Trust or Profit, under the
United States; but the party convicted shall nevertheless
be liable and subject to Indictment, Trial, Judgment, and
Punishment, according to Law.

Sect. 4, The Times, Places and Manner, of holding Elec-
tions for Senators and Representatives, shall be prescribed in
each State, by the Legislature thereof; but the Congress may
at any Time by Law make or alter such Regulations, except
as to the places of choosing Senators.

The Congress shall assemble at least once in every Year,
and such meeting shall be on the first Monday in December,
unless they shall, by Law, appoint a different Day.
Sect 5. Each House shall be the Judge of the Elections,
Returns and Qualifications, of its own Members, and a Ma-
jority of each shall constitute a Quorum to do Business ; but
a smaller Number may adjourn from Day to Day, and may
be authorised to compel the Attendance of absent Members,
in such Manner, and under such Penalties, as each House
may provide.

Each H6use may determine the Rules of its Proceedings,
punish its Members for disorderly Behaviour, and, with the
Concurrence of two thirds, expel a Member.
Each House shall keep a Journal of its Proceedings, and,
from Time to Time, publish the same, excepting such parts as
may in their Judgment require Secrecy; and the Yeas and
Nays of the Members of either House on any Question shall,

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at the desire of one fifth of those present, be entered on the
Journal.

Neither House, during the Session of Congress, shall, with-
out the Consent of the other, adjourn for more than three
Days, nor to any other place than that in which the two
Houses shall be sitting.

Sect. 6. The Senators and Representatives shall receive a
Compensation for their Services, to be ascertained by Law,
and paid out of the Treasury of the United States. They
shall in all Cases, except Treason, Felony, and breach of the
Peace, be privileged from Arrest during their Attendance at
the Session of their Respective Houses, and in going to and
returning from the Same ; and for any Speech or Debate in
either House, they shall not be questioned in any other
Place.

No Senator or Representative shall, during the Time for
which he was elected, be appointed to any Civil Office under
the Authority of the United States, which shall have been
created, or the Emoluments whereof shall have been in-
creased, during such Time; and no Person holding any
Office under the United States, shall be a Member of either
House during his continuance in Office.
Sect 7. All Bills for raising revenue shall originate in the
House of Representatives; but the Senate may propose or
concur with Amendments as on other Bills.
Every Bill which shall have passed the House of Represent-
atives and the Senate, shall, before it become a Law, be pre-
sented to the President of the United States ; if he approve
he shall sign it, but if not he shall return it, with his Objec-
tions, to that House in which it shall have originated, who shall
enter the Objections at large on their Journal, and proceed

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to reconsider it. If after such Reconsideration two thirds of
that House shall agree to pass the Bill, it shall be sent, to-
gether with the Objections, to the other House, by which it
shall likewise be reconsidered, and if approved by two thirds
of that House, it shall become a Law. But in all such Cases
the Votes of both Houses shall be determined by Yeas and
Nays, and the names of the Persons voting for and against
the Bill shall be entered on the Journal of each House re-
spectively. If any Bill shall not be returned by the President
within ten Days (Sundays excepted) after it shall have been
presented to him, the same shall be a Law, in like Manner as
if he had signed it, unless the Congress by their Adjourn-
ment prevent its return, in which Case it shall not be a
Law.

Every Order, Resolution or Vote, to which the Concur-
rence of the Senate and House of Representatives may
be necessary (except on a Question of Adjournment) shall
be presented to the President of the United States ; and be-
fore the same shall take Effect, shall be approved by him,
or, being disapproved by him, shall be repassed by two thirds
of the Senate jind House of Representatives, according to
the Rules and Limitations prescribed in the Case of a Bill.
Sect 8. The Congress shall have Power.
To lay and Collect Taxes, Duties, Imposts and Excises, to
pay the Debts and provide for the common Defence and
General Welfare of the United States; but all Duties, Im-
posts and Excises, shall be uniform throughout the United
States ;

To borrow Money on the Credit of the United States ;
To regulate Commerce with foreign Nations, and among the
several States, and with the Indian Tribes ;

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To establish an uniform Rule of Naturalization, and uniform
I^ws on the Subject of Bankruptcies, throughout the United
States ;

To Coin Money, regulate the Value thereof, and of foreign
Coin, and fix the standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securi
ties and current Coin of the United States ;
To establish Post-Offices and Post-Roads ;
To promote the progress of Science and useful Arts, by
securing for limited Times to Authors and Inventors, the ex-
clusive Right to their Respective Writings and Discoveries ;
To constitute Tribunals inferior to the Supreme Court;
To define and punish Piracies and Felonies committed on the
High Seas and Offences against the Law of Nations ;
To declare War, grant Letters of Marque and Reprisal, and
make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money
to that Use shall be for a longer Term than two Years ;
To Provide and maintain a Navy ;

To make Rules for the Government and Regulation of the
Land and Naval Forces ;

To provide for calling forth the Militia to execute the Laws
of the Union, suppress Insurrections and repel Invasions ;
To provide for organizing, arming, and disciplining, the
Militia, and for governing such part of them as may be em-
ployed in the Service of the United States, reserving to the
States respectively the Appointment of the Officers, and the
Authority of training the Militia according to the discipline
prescribed by Congress ;

To exercise exclusive Legislation, in all Cases whatsoever,
over such District (not exceeding ten Miles square) as may,

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by cession of particular States, and the Acceptance of Con-
gress, become the Seat of the Government of the United
States; and to exercise like Authority over all Places pur-
chased by the Consent of the Legislature of the State in
which the same shall be, for the Erection of Forts, Magazines,
Arsenals, Dock- Yards, and other needful Buildings ; — And
To make all Laws which shall be necessary and proper
for carrying into execution the foregoing Powers, and all
other Powers vested by this Constitution in the Govern-
ment of the United States or in any department or Officer
thereof.

Sect. 9. The Migration or Importation of such Persons as
any of the States now existing shall think proper to admit,
shall not be prohibited by Congress, prior to the Year one
Thousand eight hundred and eight, but a Tax or Duty may
be imposed on such Importation, not exceeding ten Dollars
for each Person,

The Privilege of the Writ of Habeas Corpus shall not be
suspended unless when in Cases of Rebellion or Invasion
the public Safety may Require it.

No Bill of Attainder or ex post facto Law shall be passed.
No Capitation, or other direct Tax, shall be laid, unless in
Proportion to the census or Enumeration herein before di-
rected to be taken.

No Tax or Duty shall be laid on Articles exported from any
State. No Preference shall be given by any Regulation of
Commerce or Revenue to the Ports of one State over those
of another; nor shall Vessels bound to or from one State,
be obliged to enter, clear, or pay Duties in another.
No Money shall be drawn from the Treasury, but in Con-
sequence of Appropriations made by Law; and a Regular

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113

Statement and Account of the Receipts and Expenditures of
all public Money shall be published from Time to Time.
No Title of Nobility shall be granted by the United States :
And no Person holding any Office of Profit or Trust under
them, shall, without the consent of the Congress, accept of
any Present, Emolument, Office, or Tide, of any Kind what-
ever, from any Kmg, Prince or Foreign State.
Sect. ID. No State shall enter into any Treaty, Alliance,
or Confederation; grant Letters of Marque and Reprisal;
coin Money ; emit Bills of Credit ; make any thing but Gold
and Silver Coin a tender in Payment of Debts; pass any
bill of Attainder, ex post facto Law, or Law impairing the
Obligation of Contracts, or grant any Title of Nobility.
No State shall, without the consent of the Congress, lay any
Imposts or Duties on Imports or exports, except what may
be absolutely necessary for executing its Inspection Laws,
and the net Produce of all Duties and Imposts, laid by any
State on Imports or Exports, shall be for the use of the
Treasury of the United States ; and all such Laws shall be
subject to the Revision and Control of the Congress.
No State shall, without the consent of Congress, lay any
Duty of Tonnage, keep Troops or Ships of War, in time of
Peace, enter into any Agreement or Compact with another
State, or with a foreign Power or engage in War, unless
actually invaded, or in such imminent Danger as will not
admit of Delay.

Sect. I. The executive Power shall be vested in a President
of the United States of America. He shall hold his Office
during the Term of four Years, and, together with the Vice-
3 AP 8.

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President, chosen for the same Term, be elected as fol-
lows :

Each State shall appoint, in such Manner as the Legislature
thereof may direct, a number of Electors, equal to the whole
number of Senators and Representatives to which the State
may be entitled in the Congress ; but no Senator or Repre-
sentative, or Person holding an Office of Trust or Profit
under the United States, shall be appointed an Elector.
The Electors shall meet in their Respective States, and vote
by Ballot for two Persons, of whom one at least shall not be
an Inhabitant of the same State with themselves. And they
shall make a List of all the Persons voted for, and of the
Number of Votes for each; which List they shall sign and
Certify, and transmit sealed to the Seat of the Government
of the United States, directed to the President of the Senate.
The President of the Senate shall, in the presence of the Sen-
ate and the House of Representatives, open all the Certifi-
cates, and the Votes shall then be counted. The person hav-
ing the greatest Number of Votes shall be the President, if
such number be a Majority of the whole number of Electors
appointed; and if there be more than one who have such a
Majority, and have an equal Number of Votes, then the
House of Representatives shall immediately choose by Ballot
one of them for President; and if no Person have a Majority,
then from the five highest on the List the said House shall,
in like Manner, choose the President. But in choosing the
President, the Votes shall be taken by States, the Represen-
tation from each State having one Vote; a Quorum for this
Purpose shall consist of a Member or Members from two
thirds of the States, and a Majority of all the States shall be
necessary to a Choice. In every Case, after the choice of

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the President, the Person having the greatest number of
Votes of the Electors shall be the Vice-President. But if
there should remain two or more who have equal Votes,
the Senate shall choose from them by ballot, the Vice-Presi-
dent-

The Congress may determine the Time of choosing the
Electors, and the Day on which they shall give their
V^otes ; which Day shall be the same throughout the United
States.

No Person except a natural born Citizen, or a Citizen of the
United States at the Time of the Adoption of this Consti-
tution, shall be eligible to the Office of President; neither
shall any Person be eligible to that Office who shall not have
attained to the Age of thirty five Years, and been fourteen
Years a resident within the United States.
In Case of the Removal of the President from Office, or of
his Death, Resignation, or Inability to discharge the Powers
and Duties of the said Office, the same shall devolve on the
Vice-President, and the Congress may by Law provide for
the case of Removal, Death, Resignation or Inability, both
of the President and Vice-President, declaring what Officer
shall then act as President, and such Officer shall act accord-
ingly, untill the Disability be removed, or a President shall
be elected.

The President shall, at stated Times, receive for his Services,
a Compensation, which shall neither be increased nor dimin-
ished during the Period for which he shall have been elected,
and he shall not receive within that Period any other Emolu-
ment from the United States, or any of them.
Before he enter on the Execution of his Office, he shall take
the following Oath or Affirmation ;

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**I do solemnly swear (or Affirm) that I will faithfully ex-
ecute the Office of President of the United States, and will,
to the best of my Ability, preserve, protect and defend, the
Constitution of the United States/'

Sect 2. The President shall be Commander in Chief of the
Army and Navy of the United States, and of the Militia
of the several States, when called into the actual Service of
the United States ; he may require the Opinion, in Writing,
of the principal Officer in each of the executive Departments,
upon any Subject relating to the Duties of their respective
Offices, and he shall have the power to grant Reprieves and
Pardons for Offences against the United States, except in
Cases of Impeachment.

He shall have Power, by and with the advice and consent
of the Senate, to make Treaties, provided two thirds of the
Senators present concur; and he shall nominate, and by and
with the Advice and Consent of the Senate, shall appoint
Ambassadors, other public Ministers and Consuls; Judges of
the Supreme Court, and all other Officers of the United
States, whose Appointments are not herein otherwise pro-
vided for, and which shall be established by Law. But the
Congress may by Law vest the Appointment of such inferior
Officers, as they think proper, in the President alone, in the
Courts of Law, or in the heads of Departments.
The President shall have power to fill up all Vacancies
that may happen during the Recess of the Senate, by grant-
ing Commissions which shall expire at the end of their next
Session.

Sect 3 He shall from Time to Time give to the Congress,
Information of the State of the Union, and recommend to their
Consideration such Measures as he shall Judge Necessary and

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Expedient; he may, on extraordinary Occasions, convene
both Houses, or either of them, and in Case of Disagreement
between them, with respect to the Time of Adjournment, he
may adjourn them to such Time as he shall think proper;
he shall receive Ambassadors and other public Ministers;
he shall take care that the Laws be faithfully executed, and
shall commission all the Officers of the United States.
Sect. 4. The President, Vice-President, and all civil Officers
of the United States, shall be removed from Office on Im-
peachment for, and Conviction of, Treason, Bribery, or other
high Crimes and Misdemeanors.

Sect I. The Judicial Power of the United States, shall be
vested in one Supreme Court, and in such inferior Courts as
the Congress may from Time to Time ordain and establish.
The Judges both of the supreme and inferior Courts, shall
hold their Offices during good Behaviour, and shall, at stated
Times, receive for their Services, a Compensation, which shall
not be diminished during their continuance in Office.
Sect. 2. The Judicial Power shall extend to all Cases, in
Law and Equity, arising under this Constitution, the Laws of
the United States, and Treaties made, or which shall be made,
under their Authority; to all Cases affecting Ambassadors,
other public Ministers and Consuls ; to all Cases of Admiralty
and maritime Jurisdiction; to Controversies to which the
United States shall be a Party ; to Controversies between
two or more States between a State and Citizens of an-
other State, between Citizens of different States, between
Citizens of the same State claiming Lands under Grants of

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dififerent States, and between a State, or the Citizens thereof,

and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other Public Ministers

and Consuls, and those in which a State shall be party, the

supreme Court shall have original Jurisdiction. In all the

other cases before mentioned, the supreme Court shall have

appellate Jurisdiction, both as to Law and Fact, with such

Exceptions, and under such regulations, as the Congress

shall make.

The Trial of all Crimes, except in Cases of Impeachment,

shall be by Jury; and such Trial shall be helci in the State

where the said Crimes shall have been committed ; but when

not committed within any State, the Trial shall be at such

place or places as the Congress may by Law have directed.

Sect. 3. Treason against the United States shall consist only

in levying War against them, or in adhering to their Enemies,

giving them Aid and Comfort. No Person shall be convicted

of Treason, unless on the Testimony of two Witnesses to

the same overt Act, or on Confession in open Court.

The Congress shall have power to declare the Punishment of

Treason, but no attainder of Treason shall work corruption

of Blood, or P^orfeiture except during the Life of the Person

attainted.

Sect. I. Full Faith and Credit shall be given in each State
to the public Acts, Records and Judicial Proceedings, of every
other State. And the Congress may by general Laws pre-
scribe the Manner in which such Acts, Records and Proceed-
ings, shall be proved, and the Effect thereof.
Sect. 2. The Citizens of each State shall be entitled to all
Privileges and Immunities of Citizens in the several States.

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A Person charged in any State with Treason, Felony, or
other Crime, who shall flee from Justice, and be found in an-
other State, shall, on demand of the executive Authority of
the State from which he fled, be delivered up, to be removed
to the State having Jurisdiction of the Crime.
No Person held to service or Labour in one State, under
the Laws thereof, escaping into another, shall, in Consequence
of any Law or Regulation therein, be discharged from such
Service or Labour, but shall be delivered up on claim of the
Party to whom such Service or Labour may be due.
Sect. 3. New States may be admitted by the Congress
into this Union ; but no new State shall be formed or erected
within the Jurisdiction of any other State ; nor any State be
formed by the Junction of two or more States, or parts of
States, without the Consent of the Legislatures of the States
concerned as well as of the Congress.

The Congress shall have power to dispose of and make all
needful Rules and Regulations respecting the Territory or
other Property belonging to the United States ; and nothing
in this Constitution shall be so construed as to Prejudice any
Claims of the United States, or of any particular State.
Sect. 4. The United States shall guarantee to every State
in this Union a Republican form of Government, and shall
protect each of them against Invasion ; and on Application of
the Legislature, or of the executive (when the Legislature
cannot be convened) against domestic Violence.

The Congress, whenever two thirds of both Houses shall
deem it Necessary, shall propose Amendments to this Con-
stitution, or, on the Application of the Legislatures of two

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thirds of the several States, shall call a Convention for pro-
posing Amendments, which, in either Case shall be valid to
all Intents and Purposes, as part of this Constitution, when
ratified by the Legislatures of three fourths of the several
States, or by Conventions in three fourths thereof, as the one
or the other modes of Ratification may be proposed by the
Congress : Provided, that no Amendment which may be made
prior to the Year one Thousand eight Hundred and eight
shall in any Manner effect the first and fourth Clauses in the
ninth Section of the first Article; and that no State, without
its Consent, shall be deprived of its equal Suffrage in the

Senate.

All Debts contracted and Engagements entered into, be-
fore the Adoption of this Constitution, shall be as valid
against the United States under this Constitution, as under
the Confederation.

This Constitution, and the Laws of the United States which
shall be made in Pursuance thereof; and all Treaties made,
or which shall be made, under the Authority of the United
States, shall be the supreme Law of the Land; and the
Judges in every State shall be bound thereby, any thing in
the Constitution or Laws of any State to the contrary Not-
withstanding.

The Senators and Representatives before mentioned, and
the Members of the several state Legislatures, and all execu-
tive and Judicial Officers, both of the United States and of
the several States, shall be bound, by Oath or Affirmation,
to support this Constitution ; but no religious Test shall ever
be required as a Qualification to any Office or public Trust
under the United States

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The Ratification of the Conventions of nine States, shall be
sufficient for the Establishment of this Constitution between
the States so ratifying the Same.

In Convention of the Delegates of the People of the State
of Maryland 28 April 1788.

We the Delegates of the people of the State of Maryland
having fully considered the Constitution of the United States
of America reported to Congress by the Convention of Dep-
uties from the United States of America held in Philadelphia
on the seventeenth Day of September in the Year Seven-
teen hundred and eighty seven of which the annexed is a
Copy and submitted to us by a Resolution of the General
Assembly of Maryland in November Session Seventeen
hundred and eighty seven do for ourselves and in the
Name and on the behalf of the People of this State assent
to and ratify the said Constitution.

In Witness whereof we have hereunto subscribed our
Names —

Ricii^ Barnes
Charles Chilton
N Lewis Sew all

W^ TiLGHMAN.

Donaldson Yeates
Isaac Perkins
William Granger
Joseph Wilkinson
Charles Grahame
Jn^ Chesley Jun'

Geo: Plater President —

W. Smith

G. R. Brown

J Parnham

Zeph. Turner.

Michael Jenefer Stone

R Golds BO rough junr

Edw^ Lloyd

John Stevens

George Gale

Henry Waggaman

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John Stewart
John Gale
N^ Hammond
Daniel Sullivan
James Shaw
Jos: Gilpin
h hollingsworth
James Gordon Heron
Sam^ Evans
Fielder Bowie
OsB Sprigg
Benjamin Hall
George Digges,
Nicholas Carroll.
A C. Hanson

J A. TiLGHMAN

Jn^^ Seney
James Hollvday
William Hemsley
Peter Chaille
James Martin
Attest-^W"^ Harwood Clk.

William Morris
John Done
Th^ Johnson
Tho. S. Lee
Richard Potts
Abraham Faw
W^ Paca
J Richardson
William Richardson
Matt: Driver
Peter Edmondson
James M^Henry
John Coulter
Thomas Sprigg
John Stull
Moses Rawlings
Henry Shrvock
Tho^ Cramphin
RiCH^ Thomas
Will Deakins Jun'
Ben : Edwards

[indorsement.]

Maryland.

Ratification of the Federal Constitution by the State of

Maryland —

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The

CONSTITUTION

of the

United States of America

As agreed upon by the Convention of Delegates of the
United States held at Philadelphia.

We the People of the United States, in order to form a
more perfect Union, establish Justice, insure domestic Tran-
quillity, provide for the Common defence, promote the
General Welfare, and secure the Blessings of Liberty to
ourselves and our Posterity do ordain and establish this
Constitution for the United States of America

Article i"'

Sect I** All legislative powers herein granted shall be
vested in a Congress of the United States, which sljall con-
sist of a Senate and House of Representatives.
Sect 2^ The house of Representatives shall be composed of
Members chosen every second Year by the people of the
several states, and the electors in each state shall have the
Qualifications requisite for electors of the most Numerous
branch of the State Legislature.
No person shall be a representative who shall not have

Attained to the age of twenty five Years, and been seven

123

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Years a Citizen of the United States, and who shall not,
when elected, be an inhabitant of that state in which he shall
be chosen.

Representatives and direct taxes shall be apportioned among
the several states which may be included within this Union,
according to their respective Numbers which shall be de-
termined by adding to the whole Number of free persons,
including those bound to service for a term of Years, and
excluding Indians not taxed, three fifths of all other persons.
The Actual enumeration shall be made within three Years
after the first meeting of the Congress of the United States,
and within every subsequent term of ten Years, in such man-
ner as they shall by law direct. The number of representa-
tives shall not exceed one for every thirty thousand, but each
state shall have at least one representative ; and until such
enumeration shall be made, the state of Newhampshire shall
be entitled to chuse three, Massachusetts eight, Rhode Island
and Providence plantations one, Connecticut five, New York
Six, New Jersey four, Pennsylvania eight, Delaware one,
Maryland Six, Virginia ten. North Carolina five, South Caro-
lina five, and Georgia three.

When vacancies happen in the representation from any state,
the executive authority thereof shall issue writs of election to
fill such Vacancies.

The house of Representatives shall chuse their speaker and
other officers, and shall have the Sole power of impeachment.
Sect. 3"^ The Senate of the United States shall be composed
of two Senators from each state, chosen by the legislature
thereof, for Six Years: and each senator shall have one vote.
Immediately after they shall be assembled in consequence
of the first election, they shall be divided as equally as may

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be into three Classes. The seats of the Senators of the
first class shall be vacated at the Expiration of the sec-
ond year, of the second class at the expiration of the fourth
Year, and of the third class at the expiration of the sixth
Year, so that one third may be chosen every second Year,
and if Vacancies happen by resignation, or otherwise, dur-
ing the recess of the Legislature of any state, the exec-
utive thereof may make temporary appointments until the
next meeting of the legislature, which shall then fill such
vacancies.

No person shall be a senator who shall not have attained
to the age of thirty Years, and been nine years a citizen of the
United States, and who shall not, when elected, be an in-
habitant of that State for which he shall be chosen.
The vice-president of the United States shall be president
of the Senate, but shall have no Vpte, unless they be equally
divided.

The Senate shall chuse their other officers, and also a presi-
dent pro-tempore, in the absence of the Vice president, or
when he shall exercise the office of president of the United
States.

The Senate shall have the sole power to try all impeach-
ments, when sitting for that purpose, they shall be on oath
or affirmation, When the president of the United States is
tried the chief Justice shall preside: and no person shall be
convicted without the concurrence of two-thirds of the Mem-
bers present.

Judgment in cases of impeachment shall not extend farther
than to removal from office, and disqualification to hold and
enjoy any office of honour, trust or profit under the United
States, but the party convicted shall nevertheless be liable

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and subject to indictment, trial, Judgment and punishment
according to Law.

Sect. 4^ The times, places and manner of holding elections
for Senators and Representatives, shall be prescribed in each
state by the legislature thereof; but the Congress may at
any time by law make or alter such regulations, except as to
the places of chusing Senators.

The Congress shall assemble at least once in every Year,
and such meeting shall be on the first Monday in December,
unless they shall by law appoint a different day.
Sect 5* Each house shall be the Judge of the elections, re-
turns and Qualifications of its own Members, and a Majority
of each shall constitute a Quorum to do business; but a
smaller number may adjourn from day to day, and may be
authorized to compel the attendance of absent Members, in
such manner, and under such penalties as each house may
provide.

Each house may determine the Rules of its proceedings,
punish its Members for disorderly behavior, and, with the
concurrence of two thirds expel a Member.
Each house shall keep a Journal of its proceedings, and from
time to time publish the same, excepting such parts as may
in their Judgment require Secrecy: and the Yeas and Nays
of the Members of either house on any Question shall, at
the desire of one fifth of those present be entered on the
Journal.

Neither house during the Session of Congress, shall without
the consent of the other, adjourn for more than three days,
nor to any other place than that in which the two houses
shall be sitting.
Sect 6'** The Senators and Representatives shall receive a

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Compensation for their Services to be ascertained by law,
and paid out of the Treasury of the United States, They
shall in all cases, except treason, felony and breach of the
peace be privileged from Arrest during their attendance
at the Session of their respective houses, and in going to
and returning from the same; and for any speech or de-
bate in either house, they shall not be questioned in any
other place.

No Senator or Representative shall, during the time for
which he was elected, be appointed to any civil office under
the authority of the United States, which shall have been
created, or the emoluments whereof shall have been encreased
during such time, and no person holding any office under
the United States, shall be a Member of either house during
his continuance in Office.

Sect 7* All bills for raising revenue shall originate in the
house of representatives; but the senate may propose or
concur with amendments as on other bills.
Every bill which shall have passed the house of Repre-
sentatives and the Senate, shall before it becomes a Law, be
presented to the president of the United States; if he ap-
prove he shall sign it, but if not he shall return it, with his
objections to that house in which it shall have originated, who
shall enter the objections at large on their Journal, and pro-
ceed to reconsider it, If after such reconsideration two thirds
of that house shall agree to pass the bill, it shall be sent to-
gether with the objections, to the other house, by which it
shall likewise be reconsidered, and if approved by two thirds
of that house it shall become a law. But in all such cases the
Votes of both houses shall be determined by Yeas and nays,
and the names of the persons voting for and against the bill

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shall be entered on the Journal of each house respectively.
If any bill shall not be returned by the president within ten
days (Sundays excepted) after it shall have been presented
to him, the same shall be a Law, in like manner as if he had
signed it, unless the Congress by their adjournment prevent
its return, in which case it shall not be a law.
Every order, resolution or vote to which the concurrence of
the Senate and house of Representatives may be necessary
(except on a question of Adjournment) shall be presented
to the president of the United States, and before the same
shall take effect shall be approved by him, or being disap-
proved by him, shall be repassed by two thirds of the Senate
and house of Representatives, according to the rules and
limitations prescribed in the case of a bill.
Sect 8^ The Congress shall have power, To lay and col-
lect taxes, duties, imposts and excises, to pay the debts and
provide for the Common Defence and general welfare of the
United States, but all duties, imposts and excises shall be
uniform throughout the United States.
To borrow money on the credit of the United States.
To regulate commerce with foreign Nations, and among the
several States, and with the Indian tribes.
To establish an uniform rule of Naturalization, and uniform
Laws on the subject of bankruptcies throughout the United
States.

To coin Money, regulate the value thereof, and of foreign
Coin, and fix the standard of Weights and Measures.
To provide for the punishment of counterfeiting the Securi-
ties and current coin of the United States.
To establish post offices and post roads.
To promote the progress of Science and useful arts

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by securing for limited times to authors and Inventors
the exclusive right to their respective writings and Dis-
coveries, t
To constitute Tribunals inferior to the supreme Court:
To define and punish piracies and felonies committed on
the high seas, and offences against the law of Nations :
To declare war, grant letters of marque and reprisal, and
make rules concerning captures on land and water:
To raise and support Armies, but no appropriation of money
to that use shall be for a longer term than two Years :
To provide and Maintain a Navy :

To make rules for the Government and regulation of the
land and naval forces :

To provide for calling forth the Militia to execute the Laws
of the Union, suppress insurrections and repel invasions:
To provide for organizing, arming and disciplining the Militia,
and for governing such part of them as may be employed in
the service of the United States, reserving to the States re-
spectively the appointment of the ofificers, and the authority
of training the Militia according to the discipline prescribed
by Congress:

To exercise exclusive legislation in all cases whatsoever,
over such district (not exceeding ten Miles Square) as may,
by cession of particular States, and the acceptance of Con-
gress, become the seat of the Government of the United
States, and to exercise like authority over all places purchased
by the consent of the Legislature of the State in which the
same shall be, for the erection of Forts, magazines, arsenals,
dock yards and other needful buildings : And to make all
laws which shall be necessary and proper for carrying into
execution the foregoing powers, and all other powers vested
3 AP 9-

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by this Constitution in the government of the United States,
or in any Department or officer thereof.
Sect 9*** The migration or importation of such persons as
any of the States now existing shall think proper to admit,
shall not be prohibited by the Congress prior to the Year
one thousand eight hundred and eight, but a tax or duty
may be imposed on such importation not exceeding ten dol-
lars for each person.

The privilege of the writ of habeas-corpus shall not be sus-
pended, unless when in cases of rebellion or Invasion the
public safety may require it.

No bill of attainder or ex post facto law shall be passed.
No capitation, or other direct, tax shall be laid, unless in
proportion to the Census or enumeration herein before
directed to be taken.

No tax or duty shall be laid on articles exported from any
state, No preference shall be given by any regulation of
Commerce or revenue to the ports of one State over those
of another; nor shall Vessels bound to, or from one State
be obliged to enter, clear or pay duties in another.
No money shall be drawn from the Treasury, but in con-
sequence of appropriations made by law; and a regular
statement and Account of the receipts and expenditures of
all public money shall be published from time to time.
No title of Nobility shall be granted by the United States,
And no person holding any office of profit or trust under
them, shall without the Consent of the Congress accept of
any present, emolument, office or title of any kind what-
ever from any king, prince or foreign State.
Sect" ID* No state shall enter into any treaty, alliance, or
confederation; grant letters of marque and reprisal, coin

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money, emit bills of Credit, make any thing but gold and
silver coin a tender in payment of debts; pass any bill of
attainder, expost facto law, or law impairing the obligation
of Contracts, or grant any title of Nobility.
No State shall, without the consent of the Congress, lay any
imposts or duties on imports or exports, except what may be
absolutely necessary for executing its inspection Laws ; and
the net produce of all duties and imposts laid by any state

on imports [**and'' stricken out] exports, shall be for the Use

of the Treasury of the United States ; and all such laws shall

be subject to the revision and controul of the Congress. No

state shall without the consent of Congress, lay any duty of

tonnage, keep troops, or ships of war in time of peace,

enter into any agreement or compact with another State, or

with a foreign power, or engage in War, unless actually

invaded, or in such imminent danger as will not admit of

delay.

Article 2^

Sect I** The Executive power shall be vested in a presi-
dent of the United States of America, He shall hold his
office during the term of four years, and, together with the
Vice-president, chosen for the same term, be elected as
follows: — Each state shall appoint in such manner as the
Legislature thereof may direct a number of electors, equal
to the whole number of Senators and representatives to
which the state may be entitled in the congress; but no
Senator or representative, or person holding an Office of
trust or profit under the United States, shall be appointed
an elector.

The Electors shall meet in their respective states, and vote
by ballot for two persons, of whom one at least shall not be

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an inhabitant of the same State with themselves, And they
shall make a list of all the persons voted for and of the num-
ber of votes for each, which list they shall sign and certify,
and transmit sealed to the Seat of the Government of the
United States, directed to the president of the Senate. The
President of the Senate shall, in (the presence of the Senate
and house of Representatives, open all the Certificates, and
the Votes shall then be counted. The person having the
greatest number of Votes shall be the President, if such Num-
ber be a Majority of the whole Number of electors appointed ;
and if there be more than one who have such majority, and
have an equal number of Votes, then the house of Repre-
sentatives shall immediately choose by ballot one of them for
President; and if no person have a Majority, then from the
five highest on the list the said house shall in like manner
choose the President, But in choosing the President, the
Votes shall be taken by states, the representation from each
state having one vote; a quorum for this purpose shall con-
sist of a Member or Members from two-thirds of the states,
and a Majority of all the States shall be necessary to a
choice. In every case, after the choice of the president, the
person having the greatest number of Votes of the electors
shall be the Vice-president. But if there should remain two
or more who have equal votes, the Senate shall choose from
them by ballot the Vice-President.

The congress may determine the time of choosing the elect-
ors, and the day on which they shall give their Votes, which
day shall be the same throughout the United States.
No person except a natural . born citizen or a citizen of
the united States, at the time of the adoption of this Consti-
tution, shall be eligible to the office of President; neither

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shall any person be eligible to that office who shall not have
attained to the age of thirty five years, and been fourteen
years a resident within the United States.
In case of the removal of the president from office, or of his
Death, resignation or inability to discharge the powers and
Duties of the said office, the same shall devolve on the Vice
president, and the Congress may by law provide for the case
of Removal, death, resignation or inability, both of the Presi-^
dent and Vice-president, declaring what officer shall then act
as president, and such officer shall act accordingly, until the
disability be removed, or a president shall be elected.
The President shall, at stated times, receive for his Serv-
ices, a Compensation, which shall neither be encreased nor
diminished during the period for which he shall have been
elected, and he shall not receive within that period any other
emolument from the United States or any of them.

Before he enter on the Execution of his office he shall
take the following oath or affirmation: — "I do solemnly
"swear (or affirm) that I will faithfully execute the office of
*' President of the United States, and will to the best of my
**ability preserve, protect and defend the Constitution of
**the United States.''

Sect 2^ The president shall be commander in chief of the
Army and Navy of the United States, and of the Militia of
the several states, when called into the actual Service of
the United States, he may require the Opinion, in writing,
of the principal officer in each of the executive Depart-
ments, upon any subject relating to the duties of their re-
spective Offices, and he shall have power to grant, reprieves
and pardons for ofiFences against the united States except
in cases of impeachment. He shall have power by and with

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the advice and consent of the Senate, to make treaties, pro-
vided two thirds of the Senators present concur; and he shall
nominate and by and with the advice and consent of the
Senate, shall appoint ambassadors other public Ministers
and Consuls, Judges of the Supreme Court, and all other
officers of the United States, whose appointments are not
herein otherwise provided for, and which shall be established
by law, But the Congress may by law vest the appointment
of such inferior officers, as they think proper in the President
alone, in the courts of Law, or in the heads of Departments.
The President shall have power to fill up all vacancies that
may happen during the recess of the Senate, by granting
Commissions which shall expire at the end of their next
Session.

Sect 3** He shall from time to time give to the Congress in-
formation of the State of the Union, and recommend to their
Consideration such measures as he shall judge necessarj^
and expedient, he may on extraordinary occasions convene
both houses, or either of them, and in case of disagreement
between them, with respect to the time of Adjournment,
he may adjourn them to such time as he shall think proper,
he shall receive ambassadors and other public Ministers ; he
shall take care that the Laws be faithfully executed, and shall
commission all the officers of the United States.
Sect 4''' The president, vice president and all civil officers of
the United States, shall be removed from office on impeach-
ment for, and conviction of treason, bribery or other high
Crimes and Misdemeanors.

Article 3**

Sect 1** The Judicial power of the united states, shall be

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vested in one Supreme court, and in such inferior courts as
the Congress may from time to time ordain and establish,
The Judges, both of the supreme and inferior court, shall
hold their offices during good behaviour, and shall at stated
times, receive for their Services, a Compensation, which shall
not be diminished during their continuance in Office.
Sect 2** The Judicial power shall extend to all Cases, in Law
and equity, arising under this Constitution, the Laws of the
United States, and treaties made, or which. shall be made
under their Authority; to all cases affecting Ambassadors,
other public Ministers and Consuls ; to all cases of Admiralty
and Maritime Jurisdiction to controversies to which the
United States shall be a party to controversies between two
or more States, between a State and citizens of another State,
between citizens of different States, between citizens of the
same state claiming lands under grants of different States,
and between a State, or the citizens thereof, and foreign
States, citizens or Subjects.

In all Cases affecting ambassadors, other public ministers
and Consuls, and those in which a State shall be party, the su-
preme Court shall have original Jurisdiction, In all the other
cases beforementioned the supreme Court shall have appel-
late Jurisdiction, both as to law and fact, with such exceptions
and under such regulations as the Congress shall make.
The trial of all crimes, except in cases of impeachment,
shall be by Jury, and ^uch trial shall be held in the State
where the said crimes shall have been committed, but when
not committed within any State, the trial shall be at such place
or places as the Congress may by law have directed.
Sect 3** Treason against the United States, shall consist only
in levying war against them, or in adhering to their enemies.

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giving them aid and comfort. No person shall be convicted
of treason unless on the testimony of two witnesses to the
same overt Act, or on confession in open Court.
The congress shall have power to declare the punishment
of treason, but no attainder of treason shall work corruption
of blood, or forfeiture, except during the life of the person

attainted.

Article 4**^

•
Sect I'' Full faith and credit shall be given in each State to

the public acts, records and Judicial proceedings of ev^ery
other state, And the Congress may by general laws pre-
.scribe the manner in which such Acts, records and proceed-
ings shall be proved, and the effect thereof.
Sect 2"* The Citizens of each state shall be entided to all
privileges and immunities of cidzens in the several States.
A person charged in any state with treason, felony or other
crime, who shall flee from Justice, and be found in another
State, shall, on demand of the executive Authority of the state
from which he fled, be delivered up, to be removed to the
state, having Jurisdiction of the Crime.

No person held to service or labour in one state, under the
laws thereof, escaping into another, shall, in consequence of
any law or regulation therein, be discharged from such
Service or labour, but shall be delivered up on claim of the
party to whom such service or labour may be due.
Sect 3'' New States may be admitted by the Congress into
this Union; but no new State shall be formed or erected
within the Jurisdiction of any other State, nor any state be
formed by the Junction of two or more States, or parts of
states, without the consent of the Legislatures of the states
concerned as well as of the Congress.

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The congress shall have power to dispose of and make
all needful rules and regulations respecting the territory or
other property belonging to the United states, and nothing
in this Constitution shall be so construed as to prejudice any
claims of the United States, or of any particular State.
Sect 4* The United states shall guarantee to every state in
this Union a republican form of Government^ and shall pro-
tect each of them against Invasion ; and on application of the
Legislature or of the executive (when the Legislature cannot
be convened) against domestic violence.

Article 5'**

The congress whenever two thirds of both houses shall deem
it Necessary, shall propose amendments to this Constitution,
or, on the application of the Legislatures of two thirds of the
several States, shall call a Convention for proposing Amend-
ments, which, in either case, shall be valid to all intents and
purposes, as part of this Constitution, when ratified by the
Legislatures of three fourths of the several States, or by con-
ventions in three fourths thereof, as the one or the other
mode of ratification may be proposed by the Congress ; Pro-
vided that no amendment which may be made prior to the
Year one thousand eight hundred and eight shall in any
manner affect the first and fourth clauses in the ninth Section
of the first Article; and that no state, without its consent,
shall be deprived of its equal Suffrage in the Senate.

Article 6*

All debts contracted and engagements entered into, before
the adoption of this Constitution, shall be as Valid against the

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United States under this constitution, as under the confed-
eration.

This Constitution, and the laws of the United States which
shallbe made in pursuance thereof, and all treaties made,
or which shall be made ; under the authority of the United
States, shall be the supreme law of the land ; and the Judges
in every state shall be bound thereby, any thing in the
Constitution or laws, of any state to the contrary notwith-
standing.

The Senators and representatives before mentioned, and
the members of the several state Legislatures, and all execu-
tive and Judicial officers, both of the United States and of the
several states, shall be bound by oath or affirmation, to sup-
port this Constitution, but no religious test shall ever be re-
quired as a qualification to any office or public trust under
the United States.

Article f^

The Ratification of the conventions of nine states, shall be
sufficient for the establishment of this Constitution between
the states so ratifying the same.

In Convention of the people of the state of South Carolina
by their Representatives held in the city of Charleston on
Monday the twelfth day of May and continued by divers
Adjournments to friday the twenty third day of May Anno
Domini One thousand seven hundred and eighty eight, and
in the twelfth Year of the Independence of the United States
of America.

The Convention having maturely considered the constitu-
tion or form of Government reported to Congress by the
Convention of Delegates from the United states of America

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and submitted to them by a Resolution of the Legislature of
this State passed the seventeenth and eighteenth days of
February last in order to form a more perfect Union, estab-
lish Justice, ensure Domestic tranquillity, provide for the
common defence, promote the general Welfare and secure
the blessings of Liberty to the people of the said United
States and their posterity DO in the^name and behalf of the
people of this State hereby assent to and ratify the said Con-
stitution.

Done in Convention the twenty third day of May in
the Year of our Lord One thousand seven hundred and
eighty eight, and of the Independence of the United ,^
States of America the twelfth. —

Thomas Pinckney

[seal.]
President

Attest

John Sandford Dart

[seal.]
Secretary

And Whereas it is essential to the preservation of the
rights reserved to the several states, and the freedom of the
people under the operations of a General government that
the right of prescribing the manner time and places of hold-
ing the Elections to the Federal Legislature, should be for
ever inseperably annexed to the sovereignty of the several
states. This convention doth declare that the same ought
to remain to all posterity a perpetual and fundamental right
in the local, exclusive of the interference of the General Gov-
ernment except in cases where the Legislatures of the States,
shall refuse or neglect to perform and fulfil the same accord-
ing to the tenor of the said Constitution.

This Convention doth also declare that no Section or

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paragraph of the said Constitution warrants a Construction
that the states do not retain every power not expressly re-
linquished by them and vested in the General Government of
the Union.

Resolved that the general Government of the United
States ought never to impose direct taxes, but where the
monies arising from the duties, imposts and excise are insuf-
ficient for the public exigencies nor then until Congress shall
have made a requisition upon the states to Assess levy and
pay their respective proportions of such requisitions And in
case any state shall neglect or refuse to pay its proportion
pursuant to such requisition then Congress may assess and
levy such staters proportion together with Interest thereon at
the rate of six per centum per annum from the time of pay-
ment prescribed by such requisition —

Resolved that the third section of the Sixth Article ouo^ht
to be amended by inserting the word ''other'' between the
words ''no'' and ''religiotis"

Resolved that it be a standing instruction to all such dele-
gates as may hereafter be elected to represent this State in
the general Government to exert their utmost abilities and
influence to effect an Alteration of the Constitution conform-
ably to the foregoing Resolutions.

Done in Convention the twenty third day of May in
the year of our Lord One thousand Seven hundred
and eighty eight and of the Independence of the
United States of America the twelfth

Thomas Pincknev

President

Attest

John Sanford Dart

Secretary —

[SEAU]

[seal.]

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State of New Hampshire

In Convention of the Delegates of the People of
[seal.] the State of New-Hampshire June the Twenty
first 1788.
The Convention haveing Impartially discussed and fully
considered the Constitution for the United States of America,
reported to Congress by the Convention of Delegates from
the United States of America & submitted to us by a Reso-
lution of the General Court of said State passed the four-
teenth Day of December last past and acknowledgeing with
grateful! Hearts the goodness of the Supreme ruler of the
Universe in affording the People of the United States in the
Course of his Providence an Opportunity, deliberately &
peaceably without fraud or surprize of entering into an Ex-
plicit and solemn compact with each other by assenting to &
ratifying a new Constitution, in Order to form a more perfect
Union, establish Justice, Insure domestick Tranquility, pro-
vide for the common defence, promote the general welfare
and secure the Blessings of Liberty to themselves & their
Posterity — Do In the Name & behalf of the People of the
State of New-Hampshire assent to & ratify the said Consti-
tution for the United States of America. And as it is the
Opinion of this Convention that certain amendments & alter-
ations in the said Constitution would remove the fears &
quiet the apprehensions of many of the good People of this
State & more Effectually guard against an undue Administra-
tion of the Federal Government — The Convention do there-

141

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142

fore recommend that the following alterations & provisions
be introduced into the said Constitution. —
First That it be Explicitly declared that all Powers not ex-
pressly & particularly Delegated by the aforesaid Constitu-
tion are reserved to the several States to be, by them Ex-
ercised.—

Secondly, That there shall be one Representative to every
Thirty thousand Persons according to the Census mentioned
in the Constitution, untill the whole number of Representa-
tives amount to Two hundred. —

Thirdly That Congress do not Exercise the Powers vested
in them, by the fourth Section of the first Article, but in Cases
when a State shall neglect or refuse to make the Regulations
therein mentioned, or shall make regulations Subversive of
the rights of the People to a free and equal Representation
in Congress. Nor shall Congress in any Case make regula-
tions contrary to a free and equal Representation. —
Fourthly That Congress do not lay direct Taxes but when
the money arising from Impost, Excise and their other re-
sources are insufficient for the Publick Exigencies ; nor then,
untill Congress shall have first made a Requisition upon the
States, to Assess, Levy, & pay their respective proportions,
of such requisition agreeably to the Census fixed in the said
Constitution in such way & manner as the Legislature of the
State shall think best and in such Case if any State shall neg-
lect, then Congress may Assess & Levy such States propor-
tion together with the Interest thereon at the rate of six
'^ Cent "^ Annum from the Time of payment prescribed
in such requisition —

Fifthly That Congress shall erect no Company of Merchants
with exclusive advantages of Commerce. —

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143

Sixthly That no Person shall be Tryed for any Crime by
which he may incur an Infamous Punishment, or loss of Life,
untill he first be indicted by a Grand Jury except in such
Cases as may arise in the Governmetit and regulation of the
Land & Naval Forces. —

Seventhly All Common Law Cases between Citizens of dif-
ferent States shall be commenced in the Common Law-
Co urts of the respective States & no appeal shall be allowed
to the Federal Court in such Cases unless the sum or value
of the thing in Controversy amount to three Thousand Dol-
lars.—

Eighthly In Civil Actions between Citizens of different States
every Issue of Fact arising in Actions at Common Law shall
be Tryed by Jury, if the Parties, or either of them re-
quest it —

Ninthly — Congress shall at no Time consent that any Per-
son holding an Office of Trust or profit under the United
States shall accept any Title of Nobility or any other Title
or Office from any King, Prince, or Foreign State. —
Tendi,

That no standing Army shall be Kept up in time of
Peace unless with the consent of three fourths of the Mem-
bers of each branch of Congress, nor shall Soldiers in Time
of Peace be quartered upon private Houses without the
consent of the Owners. —
Eleventh

Congress shall make no Laws touching Religion, or to
infringe the rights of Conscience —
Twelfth

Congress shall never disarm any Citizen unless such as
are or have been in Actual Rebellion. —

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144

And the Convention Do, In the Name & behalf of the Peo-
ple of this State enjoin it upon their Representatives
in Congress, at all Times untill the alterations and
provisions aforesaid have been Considered agreeably
to the fifth Article of the said Constitution to exert all
their Influence & use all reasonable & Legal meth-
ods to obtain a ratification of the said alterations &
Provisions, in such manner as is provided in the said
article — And That the United States in Congress As-
sembled may have due notice of the assent & Ratifi-
cation of the said Constitution by this Convention. —
It is resolved that the Assent & Ratification aforesaid
be engrossed on Parchment, together with the Recom-
mendation & injunction aforesaid & with this Resolu-
tion:^— And that John Sullivan Esquire President of
Convention, & John Langdon Esquire President of

. . k the State Transmit the same Countersigned by the
Secretary of Convention & the Secretary of the State
• under their hands & Seals to the United States in
Congress Assembled. —

Jn^ Sullivan presid' of the Convention [seal.]

John Langdon Presid' of State [seal.]

By order

John Calfe Sec^ of Convention
Joseph Pearson Sec^ of State

[indorsement.]

New Hampshire

Ratification of the P^deral Constitution by the State of New

Hampshire

Ent^ page 120 @ 125.

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Virginia towit

We the Delegates of the People of Virginia duly elected
in pursuance of a recommendation from the General Assembly
and now met in Convention having fully and freely investi-
gated and discussed the proceedings of the Foederal Con-
vention and being prepared as well as the most mature
deliberation hath enabled us to decide thereon Do in the
name and in behalf of the People of Virginia declare and
make known that the powers granted under the Constitution
being derived from the People of the United States may be
resumed by them whensoever the same shall be perverted to
their injury or oppression and that every power not granted
thereby remains with them and at their will : that therefore
no right of any denomination can be cancelled abridged
restrained or modified by the Congress by the Senate or
House of Representatives acting in any Capacity by the Presi-
dent or any Department or Officer of the United States
except in those instances in which power is given by the Con-
stitution for those purposes: & that among other essential
rights the liberty of Conscience and of the Press cannot be
cancelled abridged restrained or modified by any authority
of the United States. With these impressions with a solemn
appeal to the Searcher of hearts for the purity of our inten-
tions and under the conviction that whatsoever imperfections
may exist in the Constitution ought rather to be examined in
the mode prescribed therein than to bring the Union into

danger by a delay with a hope of obtaining Amendments
3 AP lo. 145

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146

previous to the Ratification, We the said Delegates in the
name and in behalf of the People of Virginia do by these
presents assent to and ratify the Constitution recommended
on the seventeenth day of September one thousand seven
hundred and eighty seven by the Fcederal Convention for the
Government of the United States hereby announcing to all
those whom it may concern that the said Constitution is bind-
ing upon the said People according to an authentic Copy
hereto annexed in the Words following;

We the People of the United States in order to form a
more perfect Union, establish Justice, ensure domestic tran-
quility, provide for the common defence, promote the general
welfare, and secure the blessings of liberty to ourselves and
our posterity do ordain and establish this Constitution for
the United States of America".

Article, i.

Section i^ All legislative powers herein granted shall be
vested in a Congress of the United States, which shall con-
sist of a Senate and House of Representadves. Sec-
tion 2"**. The House of Representadves shall be composed
of Members chosen every second year by the people of the
several States, and the electors in each State shall have the
qualifications requisite for electors of the most numerous
branch of the State-legislature. No person shall be a repre-
sentative who shall not have attained to the age of twenty-five
years, and been seven years a cidzen of the United States,
and who shall not when elected be an inhabitant of that
State in which he shall be chosen. Representatives and direct
taxes shall be apportioned among the several States which
may be included within this Union, according to their respec-

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tive numbers, which shall be determined by adding to the
whole number of free persons, including those bound to
service for a term of years, and excluding Indians not taxed,
three-fifths of all other persons. The actual enumeration
shall be made within three years after the first meeting of the
Congress of the United States, and within every subsequent
term of ten years, in such manner as they shall by law direct.
The number of representatives shall not exceed one for every
thirty thousand, but each State shall have at least one repre-
sentative ; and until such enumeration shall be made, the
State of New-Hampshire shall be entitled to chuse three,
Massachusetts eight, Rhode-Island and Providence Plantations
one, Connecticut five. New York six. New Jersey four, Pen-
sylvania eight, Delaware one, Maryland six, Virginia ten,
North-Carolina five, South-Carolina five, and Georgia three.
When vacancies happen in the representation from any
State, the executive authority thereof shall issue writs of
election to fill such vacancies. The house of representatives
shall chuse their Speaker and other officers ; and shall have
the sole power of Impeachment. Section, 3*^. The Senate
of the United States shall be composed of two Senators
from each State, chosen by the legislature thereof, for six
years ; and each Senator shall have one vote. Immediately
after they shall be assembled in consequence of the first
election, they shall be divided as equally as may be into three
classes. The Seats of the Senators of the first class shall be
vacated at the expiration of the second year, of the second
class at the expiration of the fourth year, and of the third
class at the expiration of the sixth year, so that one-third may
be chosen every second year ; and if vacancies happen by
resignation, or otherwise, during the recess of the legisla-

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148

ture of any State, the Executive thereof may make temporary
appointments until the next meeting of the legislature, which
shall then fill such vacancies. No person shall be a Senator
who shall not have attained to the age of thirty years, and
been nine years a citizen of the United States, and who shall
not, when elected, be an inhabitant of that State for which he
shall be chosen. The Vice-president of the United States
shall be President of the Senate, but shall have no vote, un-
less they be equally divided. The Senate shall chuse their
other officers, and also a President pro tempore, in the
absence of the Vice-president, or when he shall exercise the
office of President of the United States. The Senate shall
have the sole power to try all impeachments. When sitting
for that purpose, they shall be on Oath or Affirmation.
When the President of the United States is tried the Chief
Justice shall preside and no person shall be convicted with-
out the concurrence of two-thirds of the Members present.
Judgment in cases of impeachment shall not extend further
than to removal from office, and disqualification to hold and
enjoy any office of honor, trust, or profit under the United
States ; but the party convicted shall nevertheless be liable
and subject to indictment, trial, judgment and punishment
according to law. Section 4'^ The times, places and man-
ner of holding elections for Senators and Representatives shall
be prescribed in each State by the legislature thereof: But
the Congress may at any time by Law make or alter such
regulations, except as to the places of chusing Senators.
The Congress shall assemble at least once in every year, and
such meeting shall be on the first Monday in December,
unless they shall by law appoint a different day. Section
5'^. Each House shall be the Judge of the elections, returns

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149

and qualifications of it's own members, and a majority of
each shall constitute a Quorum to do business; but a smaller
number may adjourn from day to day, and may be authorized
to compel the attendance of absent members, in such manner
and under such penalties as each house may provide. Each
house may determine the rules of it's proceedings, punish it's
members for disorderly behavior, and with the concurrence
of two-thirds, expel a member. Each house shall keep a
Journal of it's proceedings and from time to time publish the
same, excepting such parts as may in their judgment require
secrecy; and the yeas and nays of the members of either
House on any question shall, at the desire of one-fifth of those
present be entered on the Journal. Neither house, during
the session of Congress, shall without the consent of the
other, adjourn for more than three days, nor to any other
place than that in which the two houses shall be sitting.
Section 6*. The Senators and Representatives shall receive
a Compensation for their Services, to be ascertained by Law,
and paid out of the Treasury of the United States. They
shall in all cases, except treason, felony and breach of the
peace, be privileged from Arrest during their attendance at
the session of their respective houses, and in going to and re-
turning from the same, and for any speech or debate in either
house they shall not be questioned in any other place. No
senator or representative shall, during the time for which he
was elected, be appointed to any civil office under the au-
thority of the United States, which shall have been created,
or the emoluments whereof shall have been encreased during
such time ; and no person holding any Office under the United
States shall be a member of either House during his continu-
ance in office. Section, 7*\ All bills for raising revenue

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shall originate in the house of representatives ; but the Sen-
ate may propose or concur with Amendments, as on other
bills. Every bill which shall have passed the house of repre-
sentatives and the Senate shall, before it become a law be
presented to the president of the United States ; if he ap-
prove he shall sign it, but if not he shall return it with his
objections to that house in which it shall have originated, who
shall enter the objections at large on their Journal, and pro-
ceed to reconsider it. If after such reconsideration two thirds
of that house shall agree to pass the bill, it shall be sent to-
gether with the objections to the other house, by which it
shall likewise be reconsidered, and If approved by two-thirds
of that house, it shall become a law. But in all such cases
the votes of both houses shall be determined by yeas and
nays, and the names of the persons voting for and against
the bill shall be entered on the Journal of each house re-
spectively. If any bill shall not be returned by the Presi-
dent within ten days (Sundays excepted) after it shall have
been presented to him, the same shall be a law, in like
manner as if he had signed it, unless the Congress by their
adjournment prevent it's return, in which case it shall not
be a law. Every order, resolution, or vote to w^hich the
concurrence of the Senate and House of Representatives
may be necessary, (except on a question of adjournment)
shall be presented to the President of the United States;
and before the same shall take effect, shall be approved by
him, or, being disapproved by him, shall be repassed by two-
thirds of the Senate and House of Representatives, according
to the rules and limitations prescribed in the case of a Bill.
Section 8'^\ The Congress shall have power, To lay and col-
lect taxes, duties, imposts and excises, to pay the debts and

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provide for the common defence and general welfare of the
United States; but all duties, imposts and excises shlall be
uniform throughout the United States : To borrow money
on the credit of the United States: To regulate commerce
with foreign nations, and among the several States, and with
the Indian tribes: To establish an uniform rule of naturaliza-
tion, and uniform laws on the subject of Bankruptcies through-
out the United States : To coin money, regulate the value
thereof, and of foreign Coin, and fix the standard of weights
and measures: To provide for the punishment of counter-
feiting the securities and current coin of the United States :
To establish post-offices and post-roads : To promote the
progress of science and useful arts, by securing for limited
times to authors and inventors the exclusive right to their
respective writings and discoveries : To constitute tribunals
inferior to the Supreme Court: To define and punish piracies
and felonies committed on the high seas, and offences against
the law of nations : To declare war, grant letters of marque
and reprisal, and make rules concerning captures on land and
water: To raise and support armies, but no appropriation
of of money to that use shall be for a longer term than two
years : To provide and maintain a navy : To make rules
for the government and regulation of the land and naval
forces: To provide for calling forth the Militia to execute
the laws of the Union, suppress insurrections and repel in-
vasions: To provide for organizing, arming and disciplining
the militia and for governing such part of them as may be
employed in the service of the United States, reserving to
the States respectively the appointment of the officers, and
the authority of training the militia according to the discipline
prescribed by Congress: To exercise exclusive legislation

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152

in all cases whatsoever, over such district (not exceeding ten
miles square) as may, by cession of particular states, and
the acceptance of Congress, become the Seat of the Govern-
ment of the United States, and to exercise like authority over
all places purchased by the consent of the Legislature of the
State in which the same shall be for the erection of forts,
magazines, arsenals, dock yards, and other needful build-
ings : — And, To make all laws which shall be necessary and
proper for carrying into execution the foregoing powers, and
all other powers vested by this Constitution in the government
of the United States, or in any department or officer thereof.
Section 9*. The migration or importation of such persons as
any of the States now existing shall think proper to admit
shall not be prohibited by the Congress prior to the year one
thousand eight hundred and eight, but a tax or duty may be
imposed on such importation, not exceeding ten dollars for
each person. The privilege of the Writ of Habeas corpus
shall not be suspended, unless when in cases of rebellion or
invasion the public safety may require it. No bill of Attainder
or Ex post facto law shall be passed. No capitation or other
direct tax shall be laid unless in proportion to the census
or enumeration herein before directed to be taken. No tax
or duty shall be laid on articles exported from any State.
No preference shall be given by any regulation of commerce
or revenue to the ports of one State over those of another ;
nor shall vessels bound to, or from, one State, be obliged to
enter, clear or pay duties in another. No money shall be
drawn from the Treasury, but in consequence of appropria-
tions made by law ; and a regular statement and account of
the receipts and expenditures of all public money shall be
published from time. No title of nobility shall be granted

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153

by the United States: and no person holding any office
of profit or trust under them, shall, without the consent of
the Congress, accept of any present, emolument, office, or
title of any kind whatever, from any king, prince or foreign
State. Section lo'**. No State shall enter into any treaty,
alliance, or confederation ; grant letters of Marque and re-
prisal; coin money; emit bills of credit; make any thing
but gold and silver coin a tender in payment of debts ; pass
any bill of attainder or ex post facto law, or law impairing the
obligation of contracts, or grant any title of nobility. No
State shall, without the consent of the Congress lay any im-
posts or duties on imports or exports, except what may be
absolutely necessary for executing it's inspection-laws ; and
the net produce of all duties and imposts laid by any State
on imports or exports shall be for the use of the Treasury
of the United States ; and all such laws shall be subject to
the revision and control of the Congress. No State shall,
without the consent of Congress lay any of Tonnage, keep
troops or Ships of war in time of peace, enter into any agree-
ment or compact with another State, or with a foreign power,
or engage in war unless actually invaded, or in such immi-
nent danger as will not admit of delay.

Article 2.

Section i**. The Executive Power shall be vested in a Presi-
dent of the United States of America. He shall hold his
office during the term of four years, and together with the
Vice-president chosen for the same term, be elected as fol-
lows: Each State shall appoint, in such manner as the leg-
islature thereof may direct, a number of Electors equal to
the whole number of Senators and Representatives to

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^54

which the State may be entitled in Congress: but no Sen-
ator or Representative, or person holding an office of trust
or profit under the United States, shall be appointed an
Elector. The Electors shall meet in their respective States
and vote by ballot for two persons, of whom one at least
shall not be an inhabitant of the same State with themselves.
And they shall make a list of all the persons voted for and
the number of Votes for each; which list they shall sign
and certify and transmit sealed to the seat of the govern-
ment of the United States, directed to the President of the
Senate. The President of the Senate shall in the presence
of the Senate and House of Representatives, open all the
Certificates and the votes shall then be counted. The per-
son having the greatest number of votes shall be the presi-
dent, if such number be a majority of the whole number of
Electors appointed ; and if there be more than one who have
such majority and have an equal number of votes, then the
House of Representatives shall immediately chuse by ballot
one of them for President; and if no person have a majority,
then from the five highest. on the list the said House shall in
like manner chuse the President. But in chusing the Presi-
dent, the votes shall be taken by States, the representation
from each State having one vote; a Quorum for this purpose
shall consist of a member or members from two-thirds of the
States, and a majority of all the States shall be necessary to
a choice. In every case, after the choice of the President, the
person having the greatest number of votes of the Electors
shall be the Vice-president. But if there should remain two
or more who have equal votes, the Senate shall chuse from
them by ballot the Vice-president. The Congress may de-
termine the time of chusing the Electors, and the day on

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which they shall give their votes; which day shall be the
same throughout the United States. No person except a
natural born citizen, or a citizen of the United States, at the
time of the adoption of this Constitution, shall be eligible to
the office of President ; neither shall any person be eligible
to that office who shall not have attained to the age of thirty
five years, and been fourteen years a resident within the
United States. In case of removal of the President from
office, or of his death, resignation or inability to discharge
the powers and duties of the said office, the same shall de-
volve on the Vice-president, and the Congress may by law
provide for the case of removal, death, resignation or inabil-
ity both of the President and Vice-president, declaring what
officer shall then act as President, and such officer shall act
accordingly, until the disability be removed, or a President
shall be elected. The President shall, at stated times, re-
ceive for his services a compensation, which shall neither be
encreased nor diminished during the period for which he
shall have been elected, and he shall not receive within that
period another emolument from the United States or any
of them. Before he enter on the execution of his Office, he
shall take the following Oath or Affirmation: — **I do sol-
**emnly swear (or affirm) that I will faithfully execute the
** office of President of the United States, and will to the
**best of my ability preserve, protect and defend the Con-
*'stitution of the United States.*' Section 2°**. The Presi-
dent shall be commander in chief of the army and navy of the
United States ; and of the militia of the several States, when
called into the actual service of the United States ; he may
require the opinion, in writing, of the principal officer in each
of the executive departments, upon any subject relating to

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the duties of their respective offices, and he shall have power
to grant reprieves and pardons for offences against the
United States, except in cases of impeachment. He shall
have power, by and with the advice and consent of the Sen-
ate, to make treaties, provided two thirds of the Senators
present concur; and he shall nominate, and by and with the
advice and consent of the Senate, shall appoint ambassadors,
other public ministers and consuls, judges of the supreme
court, and all other officers of the United States, whose ap-
pointments are not herein otherwise provided for, and which
shall be established by Law. But the Congress may by law
vest the appointment of such inferior officers, as they think
proper in the President alone, in the Courts of Law, or in
the heads of departments. The Presdent shall have power
to fill up all vacancies that may happen during the recess of
the Senate, by granting Commissions which shall expire at
the end of their next session. Section 3"*. He shall from
time to time give to the Congress information of the state
of the Union and recommend to their consideration such
measures as he shall judge necessary and expedient; he may,
on extraordinary occasions, convene both houses, or either
of them, and in case of disagreement between them, with re-
spect to the time of adjournment, he may adjourn them to
such time as he shall think proper; he shall receive ambas-
sadors and other public ministers; he shall take care that
the laws be faithfully executed and shall commission all the
officers of the United States. Section 4'''. The President,
Vice-president and all civil officers of the United States
shall be removed from office on impeachment for, and con-
viction of, treason, bribery, or other high crimes and misde-
meanors.

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Article 3^
Section i". The Judicial power of the United States, shall be
vested in one Supreme Court, and in such inferior Courts as
the Congress may from time to time ordain and establish.
The judges, both of the supreme and inferior Court, shall
hold their offices during good behaviour, and shall, at stated
times, receive for their services, a compensation, which shall
not be diminished during their continuance in office. Sec-
tion 2^. The Judicial power shall extend to all cases in
law and equity, arising under this Constitution, the laws of
the United States, and treaties made, or which shall be made,
under their authority; to all cases affecting ambassadors,
other public ministers and consuls ; to all cases of admiralty
and maritime jurisdiction; to controversies to which the
United States shall be a party ; to controversies between two
or more States, between a State and citizens of another
State, between citizens of different States, between citizens
of the same State claiming lands under grants of different
States, and between a State, or the citizens thereof, and for-
eign States, citizens or Subjects. In all cases affecting am-
bassadors, other public ministers and consuls and those in
which a State shall be party the supreme court shall have
original jurisdiction. In all other cases before raentioned
the supreme court shall have appellate jurisdiction both as to
law and fact, with such exceptions, and under such regula-
tions as the Congress shall make. The trial of all crimes,
except in cases of impeachment shall be by Jury; and such
trial shall be held in the State where the said crimes shall
have been committed ; but when not committed within any
State, the trial shall be at such place or places as the Con-
gress may by law have directed. Section 3^ Treason

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158

against the United States shall consist only in levying War
against them or in adhering to their enemies, giving them
aid and comfort No person shall be convicted of treason
unless on the testimony of two witnesses to the same overt
act, or on confession in open court. The Congress shall
have power to declare the punishment of treason, but no
attainder of treason shall work corruption of blood or for-
feiture, except during the life of the person attainted.

Article, 4^**.

Section i*\ Full faith and credit shall be given in each State
to the public acts, records and judicial proceedings of every
other State. And the Congress may by general laws pre-
scribe the manner in which such Acts, records and proceed-
ings shall be proved and the effect thereof. Section 2"*^.
.The citizens of each State shall be entitled to all privileges
and immunities of citizens in the several States. A person
charged in any State with treason, felony or other crime,
who shall flee from Justice and be found in another State,
shall, on demand of the executive authority of the State from
which he fled, be delivered up, to be removed to the State
having Jurisdiction of the crime. No person held to service
or labor in one State under the laws thereof, escaping into
another, shall, in consequence of any law or regulation
therein, be discharged from such service or labor, but shall
be delivered up on claim of the party, to whom such service
or labor may be due. Section, 3"^. New States may be
admitted by the Congress into this Union ; but no new State
shall be formed or erected within the Jurisdiction of any
other State; nor any State be formed by the junction of two
or more States, or parts of States, without the consent of

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the legislatures of the States concerned, as well as of the
Congress. The Congress shall have power to dispose of
and make all needful rules and regulations respecting the
Territory or other property belonging to the United States ;
and nothing in this Constitution shall be so construed as to
prejudice any claims of the United States or of any particu-
lar State. Section 4'*^. The United States shall guarantee
to every State in this Union a republican form of Govern-
ment, and shall protect each of them against invasion ; and
on application of the Legislature, or of the Executive (when
the Legislative cannot be convened) against domestic vio-
lence.

Article 5"**.

The Congress, whenever two thirds of both Houses shall
deem it necessary, shall propose amendments to this Consti-
tution, or, on the application of the legislatures of two thirds
of the several States shall call a Convention Tor proposing
Amendments, which, in either case shall be valid to all intents
and purposes, as part of this Constitution, when, ratified by
the Legislatures of three fourths of the several States, or by
Conventions in three fourths thereof, as the one or the other
mode of ratification may be proposed by the Congress : Pro-
vided that no amendment which may be made prior to the
year one thousand eight hundred and eight shall in any
manner affect the first and fourth clauses in the ninth Section
of the first article; and that no State, without it's consent,
shall be deprived of it's equal suffrage in the Senate.

Article 6*.

All debts contracted and engagements entered into, before
the adoption of this Constitution shall be as valid against the

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United States under this Constitution as under the Confeder-
ation. This Constitution, and the Laws of the United States
which shall be made in pursuance thereof, and all treaties
made, or which shall be made, under the authority of the
United States shall be the supreme law of the land; and
the Judges in every State shall be bound thereby, any thing
in the Constitution or laws of any State to the contrary not-
withstanding. The Senators and Representatives before
mentioned, and the Members of the several State-legisla-
tures, and all executive and judicial officers, both of the
United States and of the several States, shall be bound
by oath or affirmation, to support this Constitution ; but no
religious test shall ever be required as a qualification to any
office or public trust under the United States.

Article f^.

The ratification of the Convention of nine States shall be
sufficient for the establishment of this Constitution between
the States so ratifying the same.

Done in Convention this twenty Sixth day of June
one thousand seven hundred and eighty eight
By Order of the Convention

Edm^ Pendleton President [seal.]

[indorsement.]

Virginia

Ratification of the Foederal Constitution by the State of
Virginia.

Ent** page 126 @ 141.

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Wednesday July 2. 1788*

Congress assembled present Newhamshire Massachusetts
Rhodeisland Connecticut New York New Jersey, Pensyl-
vania Virginia North Carolina South Carolina & Georgia &
from Maryland M'' Contee

4: He 4e 4: 4: H: 4c

The State of Newhampshire having ratified the constitution
transmitted to them by the Act [**of the Act'* stricken out]
of the 28 of Sept'' last & transmitted to Congress their rati-
fication & the same being read, the president reminded Con-
gress that this was the ninth ratification transmitted & laid
before them.
Whereupon

On Motion of M"" Clarke seconded by M*^ Edwards
Ordered That the ratifications of the constitution of
the United States transmitted to Congress be referred to
a com** to examine the same and report an Act to Con-
gress for putting the said constitution into operation in
pursuance of the resolutions of the late federal Conven-
tion.

On the question to agree to this Order the yeas & nays
being required by M' Yates
Newhampshire M"" Oilman ay |

M*^ Wingate ay )

*From the "Rough" Journal of Congress (No. i, vol. 39).
3 AP. II. I6*

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■

162

Massachusetts

M^ Dane

ay)

M^ Otis

ay
ay)

Rhodeisland

M' Arnold
M' Hazard

"1
excused

Connecticut

' M'' Edwards ay 1 ) 1

C ay 1

^M"^ Huntington ay^ ) i

New York

M' UHommedieu

3' 1

M' Yates

New Jersey

M"^ Clarke

ay^

M^ Elmer

ay J

•

M' Dayton

ay J

Pensylvania

M" Bingham
M^ Reid

ay)
[ay

ay) :

Maryland

M"^ Contee

ay}X

Virginia

M^ Griffin

ay^

. ■

M' Carrington

■, • .

M' Brown

ay.

South Carolina

M*^ Huger

ayl

M^ Parker

ay \ ay

M^ Tucker

ay.

Georgia

M^Few
M^ Baldwin

ay)

Uy
ay)

So it passed

in the affirmative

s '1

« «

H: :i:

m ^ ^

The Committee to whom was

referred the report from

the Com^^ of th

e whole on the address & resolutions from j

the district of

Kentucky being, at

their desire, discharged,

therupon a motion was made by

M'' Brown seconded by

M'^ Carrington

for the purpose of ratifying & confirming ;

the Compact between the State of

' Virginia & the said dis-

trict —

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1 63

the order of the day

Ordered diat the consideration of this motion be ['* post-
to
poned tiir' stricken out] for morrow.

Ordered that the ratifications of the Constitution of the United
States transmitted to Congress be referred to a Committee
to examine the same and report an Act to Congress for put-
ting the said Constitution into operation in pursuance of the
resolutions of the late federal Convention

[indorsement.]

Passed — July 2. 1788

M' Carrington

M' Edwards

M' Baldwin

M' Otis

M"" Tucker
To whom where referred the ratifications of the Constitution
oftheU.S— *

Thursday July 3. 1788!

Congress assembled present Newhampshire Massachusetts
Rhodeisland New York New Jersey, Pensylvania Virginia
North Carolina South Carolina & Georgia & from Connecti-
cut M' Huntington & from Maryland M' Contee

The Order of the day being called for, the motion of M"^
Brown was read in the words following

Whereas it appears to Congress that the state of Vir-

♦ From " Reports of Committees Relating to Congress, Presid't & Members" (No. 23, p. 331).
f From the "Rough" Jomnal of Congress (No. I, vol. 39).

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164

ginia by two acts of the legislature thereof, one entitled
** an Act concerning the erection of the district of Kentucky
into an independent State passed at their October session in
the year 1785, the other passed at their October session in the
year 1786 entitled '*An Act making further provision for
the erection of the district of Kentucky into an Independent
state'' hath entered into a solemn compact with that part of
the said state called the district of Kentucky permitting the
same to be erected into a separate & independent state to
be admitted into Union with the United States as a fed-
eral member thereof upon certain terms & conditions in the
said acts stipulated & it further appearing to Congress that
the said district in convention assembled did in conformity
to the said acts by certain resolutions entered' into on the 22^
. day of Sept 1787 determine that it was expedient that the
said district should be erected into an independent state on
the terms & conditions specified in said acts & did present to
y Congress an address praying to be admitted into union with
the United States as a federal member & Whereas it ap-
,, pears to Congress to be just & reasonable that the applica-
tion of the said district of Kentucky should be complied
with Resolved therefore that the United States in Congress
assembled do ratify & confirm the compact entered into
between the state of Virginia & the district of Kentucky
agreeably to the acts & resolutions aforesaid & that the said
district be admitted into Union with the United States as an
independent federal member on the 1'^ day of January 1789
& be stiled the Commonwealth of Kentucky. Resolved that
Congress will release the state of Virginia from all federal
obligations arising within the said district after the said
first day of Jan^ 1789 & from such part of her quota of the

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continental debt as shall be apportioned to the said district
whenever the same shall have been assertained agreeably
to the stipulations of the compact aforesaid. Resolved that
the said district shall be admitted to a representation in Con-
gress after the said first day of January 1789 provided from
an accurate census it shall appear that the said district con-
tains sixty thousand inhabitants."

A motion was made by M*^ Dane seconded by M*^ Tucker
to postpone the consideration of the foregoing motion in
order to take up the following

Whereas application has been lately made to Congress
by the legislature of Virginia & the district of Kentucky for
the admission of the said district into the federal Union as a
separate member thereof on the terms contained in the acts
of the said legislature & in the resolutions of the said dis-
trict relative to the premises And whereas Congress having
fully considered the subject did on the third day of June last
resolve that it is expedient that the said district be erected
into a sovereign & independent state & a separate member
of the federal Union & appointed a committee to report an
Act accordingly which committee on the second instant was
discharged, it appearing that nine states had adopted the
Constitution of the United States lately submitted to con-
ventions of the people; and whereas a new confederacy
is formed among the ratifying States & it is highly probable
that the state of Virginia including the said district has al-
ready become a member of the said Confederacy. And
whereas an Act of Congress in the present state of the gov-
ernment of the country severing a part of the said state from
the other parts thereof & admitting it into the Confederacy
formed by the articles of Confederation & perpetual Union

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1 66

as an independent member thereof may be attended with
dangerous consequences while it can have no effect to make
the said district a separate member of the federal Union
formed by the adoption of the said Constitution & therefore
it must be manifestly inexpedient for Congress assembled
under the said articles of Confederation to adopt any other
measures relative to the premises than those which express
their sense that the said district ought to be an independent
member of the Union as soon as circumstances shall permit
proper measures to be adopted for that purpose Resolved
that a copy of the proceedings of Congress relative to the in-
dependency of the district of Kentucky be transmitted to the
legislature of Virginia and that the said legislature be in-

. formed that as the constitution of the United States is now
ratified Congress think it unadviseable to adopt any further
. measures for admitting the district of Kentucky into the
federal Union as an independent member thereof under
the articles of Confederation & perpetual Union, but that
Congress thinking it expedient that the said district be made

. a separate state & member of the Union as soon after pro-
ceedings shall commence under the said constitution as cir-
cumstances shall permit recommend it to the said legislature
and to the inhabitants of the said district so to alter their acts
& resolutions relative to the premises, as to render them
conformable to the provisions made in the said constitution
to the end that no impediment may be in the way of the
speedy accomplishment of this important business. —
On the question to postpone for the purpose above men-
tioned the yeas & nays being required by M' Brown
New Hampshire M' Gilman ay^

M' Wingate ay

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1 67

M' Dane
M'Otis
M' Arnold
M' Hazard
M' Huntington
M' L'Hommedieu
M' Yates
M' Clarke
M' Elmer
M' Dayton
M' Bingham
M' Reid
M' Contee
M' Grififin
M' Carrington
M' Brown

North Carolina M' Williamson
M' Swann

South Carolina M' Huger
M' Parker
M' Tucker

Georgia M' Few

M' Baldwin

Massachusetts

Rhode Island

Connecticut
New York

New Jersey

Pensylvania

Maryland
Virginia

ay)

[ay
ay)

ay} X

ay)
[ay

ay)

ay
ay
ay
ay
ay

ay} X
no^

no
no
ay

ay
ay

ay J
ay

So it passed in the afifirmative and the first motion being

postponed & the second taken into consideration & amended ;

["and" stricken out] on the question to agree to the motion

as amended the yeas and nays being required by M' Yates

New Hampshire M' Gilman ay")

( ay
M' Wingate ay )

Massachusetts M' Dane av)

[ay

M'Otis

ay"

ay.

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Rhode Island
Connecticut
New York

New Jersey

Pensylvania

Maryland
Virginia

North Carolina

1 68

M"^ Arnold

M"" Huntington

M'' L'Hommedieu ay
no
ay
ay
ay
ay

ay} X
ay} X

M"^ Yates
M-^ Clarke
M' Elmer
M'^ Dayton
M' Bingham
M' Reid
M*^ Contee
M' Griffin
M' Carrington
M' Williamson
M'^ Swann

South Carolina M' Huger
M' Parker
M' Tucker

Georgia M' Few

M' Baldwin

ay)
ay} X

ay,

ay
ay
ay
ay
ay
ay J

ay)

Uy
ay)

So it passed in the affirmative as follows

Whereas application has been lately made to Congress
by the legislature of Virginia and the district of Kentucky
for the admission of the said district into the federal Union as
a separate member thereof on the terms contained in the acts
of the said legislature and in the resolutions of the said dis-
trict relative to the premisses. And whereas Congress hav-
ing fully considered the subject did on third day of June last
resolve that it is expedient that the said district be erected
into a sovereign and independent state and a separate mem-
ber of the federal Union & appointed a committee to report
an Act accordingly, which committee on the second instant

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169

was discharged, it appearing that nine states had adopted
the constitution of the United States lately submitted to Con-
ventions of the people. And whereas a new Confederacy
is formed among the ratifying States & there is reason to
believe that the State of Virginia including the said district
did on the 25 of June last become a member of the said Con-
federacy : And Whereas an Act of Congress, in the present
state of the government of the country, severing a part of the
said state from the other parts thereof & admitting it into
the confederacy formed by the articles of Confederation &
perpetual Union as an independent member thereof may be
attended with many inconveniences while it can have no effect
to make the said district a separate member of the federal
Union formed by the adoption of the said constitution and
therefore it must be manifestly improper for Congress assem-
bled under the said Articles of Confederation to adopt any
other measures relative to the premisses than those which
express their sense that the said district ought to be an inde-
pendent member of the Union as soon as circumstances shall
permit proper measures to be adopted for that purpose
Resolved That a copy of the proceedings of Congress rel-
ative to the independency of the district of Kentucky be
transmitted to the legislature of Virginia & also to Samuel
M^'Dowell esq' late president of the said Convention, and that
the said Legislature and the inhabitants of the district afore-
said be informed, that as the constitution of the United States
is now ratified. Congress think it unadviseable to adopt any
further measures for admitting the district of Kentucky into
the federal Union as an independent member thereof
under the Articles of Confederation & perpetual Union ; but
that Congress thinking it expedient that the said district be

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170

made a separate state & member of the Union as soon after
proceedings shall commence under the said constitution as
circumstances shall permit, recommend it to the said legisla-
ture and to the inhabitants of the said district so to alter their
acts and resolutions relative to the premisses as to render
them conformable to the provisions made in the said constitu-
tion to the End that no impediment may be in the way of the
speedy accomplishment of this important business.

The Committee consisting of M' Carrington, M' Edwards,
M' Baldwin, M*" Otis & M' Tucker to whome were referred
the Ratifications of the new Constitution which have been
transmitted to Congress by the several ratifying States, Re-
port as follows,

Resolved, that whereas the Foederal convention Assem-
bled in Phil'\ pursuant to the Resolution of Congress of the
21'' of Feb^' 1787, did on the 17'^ of Sep*, in the same year,
report to the United States in Congress Assembled, in the
words following viz. '' We the People &""
Whereupon Congress on the 28''' of the same September did
Resolve Unanimously, that the said Report, with the Resolu-
tions and letter accompanying the same, be transmitted to
the several Legislatures in order to be submitted to a conven-
tion of Delegates chosen in each state, by the People thereof,
in conformity to the Resolves of the Convention made and
provided In that case". And whereas the states of N. Hamp-
shire, Massachusetts, Connecticut, N. Jersey, Pensylvania,'Del-
eware, Maryland, South Carolina and Georgia, have duly
Ratified the aforesaid Constitution, as appears by the several

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171

ratifications of the said States, returned [**into'' stricken out]
to Congress, and filed in the Office of the Secretary, and it is
expedient that proceedings do commence thereon as early as
may be. Therefore Resolved, That the first Wednesday in
December next be the day for appointing Electors in the
several States which have, or shall, before the said day,
have, ratified the said Constitution; That the first Wednes-
day in January next be the day for the Electors to assem-
ble in their respective States and Vote for a President, and
that the first Wednesday in February next be the time,
and the place for commencing proceedings

under the said Constitution.

[indorsement.]
report of Com** on New Constitution

Order the day for Thursday 9**

read 8 July 1788

Monday July 14. i788t

Congress assembled. Present Newhampshire Massachusetts
Connecticut New York New Jersey, Pensylvania Delaware
Maryland, Virginia, North Carolina, South Carolina and Geor-
gia & from Rhodeisland M*^ Arnold. —

M' Egbert Benson a delegate for New York attended &
took his seat. —

The com** consisting of M' Carrington, M' Edwards
M' Baldwin M' Otis & M' Tucker to which were referred
the Acts of the several States ratifying the Constitution,

* From *• Reports of Committees Relating to Congress, Presid't & Members " (No. 23, p. 333).
f From the "Rough" Journal of Congress (No. I, vol. 39). .

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172

having

which have been transmitted to Congress [''to" stricken
out] reported an act for putting the said constitution into
Operation and the following clause in the act being under
debate viz "That the first Wednesday in December next
be the day for appointing electors in the several states
which have or shall, before the said day have ratified the
said constitution" a motion was made by M' Edwards sec-
onded by M"^ Dane to postpone that clause in order to
take up the following "That the fourth Wednesday in
" December next be the day for appoindng Electors in
"the several states of Newhampshire, Connecticut, New
Jersey Delaware, Maryland & South Carolina and that the
same day be the day for appointing Electors in the state of
Rhodeisland provided the said state shall before that day have
ratified the said Constitution ; and that the third Wednesr
day in said December be the day for appointing electors
in the states of Massachusetts, Pensylvania & Georgia and
that the same day be the day for appointing electors in the
state ['of Massachusetts, Pensylvania & Georgia, and that
the same day be the day for appointing electors in the
state' stricken out] of New York provided that state shall
before that day have ratified the said Constitution ; and that
the first Wednesday in said December be the day for ap-
pointing electors in the state of Virginia and that the same
be the day for appoint^ electors in North Carolina, pro-
vided the said state shall before that day have ratified said
Constitution" On the quesdon to postpone for the purpose
above mentioned the yeas and nays being required by M'
Kearny

Newhampshire M' Gilman no)

[ no
M*^ Wingate no )

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Massachusetts

M' Dane

173

ay^

M'Otis

no.

Connecticut

M' Huntington

ay^

M*^ Wadsworth

M' Edwards

ay.

New York —

M' UHommedieu

ay^

M' Benson

> ay

M' Yates

no^

New Jersey —

M^ Clarke
M^ Elmer

no'
no^

1
- no

Pensylvania

M"^ Irvine

M' Bingham

' no

M^ Reid

Delaware —

M*^ Kearny

no^

- T\C\

M^ Mitchel

no_!

' \.\\J

Maryland

M' Howard

no'

'M' Contee'

> no

, M' Seney ,

Virginia —

M' Griffin
M^ Carrington

no^
no^

- no

North Carolina

M' Swann

no]

South Carolina

M' Huger
M' Tucker

no]
no)

- no

Georgia — .

M'Few

^yi

M"^ Baldwin

ay'

So it passed

in the negati

ve —

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^ We the People of the United States, in Order to form a
<

w more perfect Union, estabHsh Justice, insure domestic Tran-
I I

quility, provide for the common Defence, promote the gen-
eral Wellfare and secure the Blessings of Liberty to ourselves
and our Posterity, do ordain and establish this Constitution
for the United States of America.

Article /,

Sect, I, All Legislative Powers herein granted shall be
vested in a Congress of the United States, which shall con-
sist of a Senate and House of Representatives.
Sect, 2, The House of Representatives shall be composed of
Members chosen every second year by the People of the sev-
eral States, and the Electors in each State shall have the
Qualifications requisite for Electors of the most numerous
Branch of the State Legislature.

No Person shall be a Representative who shall not have
attained to the Age of Twenty five years, and been seven
years a Citizen of the United States, and who shall not when
elected be an Inhabitant of that State in which he shall be
chosen.

Representatives and direct Taxes shall be apportioned
among the several States which may be included within this
Union, according to their respective numbers, which shall be
determined by adding to the whole number of free persons,
including those bound to Service for a term of years, and ex-
cluding Indians not taxed, three-fifths of all other Persons.

174

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175

The actual enumeration shall be made within three years after
the first Meeting of the Congress of the United States, and
within every subsequent term of ten years, in such Manner
as they shall by Law direct. The number of Representatives
shall not exceed one for every thirty thousand, but each State
shall have at least one Representative; and until such enu-
meration shall be made, the State of New Hampshire shall be
entitled to chuse three, Massachusetts eight, Rhode Island and
Providence Plantations one, Connecticut five, New York six.
New Jersey four, Pennsylvania eight, Delaware one, Mary-
land six, Virginia ten, North Carolina five, South Carolina
five, and Georgia three.

When Vacancies happen in the Representation from any
State, the Executive Authority thereof shall issue Writs of
Election to fill such Vacancies.

The House of Representatives shall chuse their Speaker
and other Officers ; and shall have the sole power of Im-
peachment.

Sect J. The Senate of the United States shall be com-
posed of two Senators from each State, chosen by the Legis-
lature thereof for six years ; and each Senator shall have one
Vote.

Immediately after they shall be assembled in consequence
of the first Election, they shall be divided as equally as may
be into three Qlasses. The Seats of the Senators of the first
Class shall be vacated at the expiration of the second year,
of the second Class at the expiration of the fourth year,
and of the third Class at the expiration of the sixth year, so
that one-third may be chosen every second year; and if
Vacancies happen by Resignation, or otherwise, during the re-
cess of the Legislature of any State, the Executive thereof

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>. ^

176

may make temporary Appointments until the next Meet-
ing of the Legislature, which shall then fill such Vacancies.

No Person shall be a Senator who shall not have attained
to the Age of thirty years, and been nine years a Citizen of
the United States, and wno shall not, when Elected, be an
Inhabitant of that State for which he shall be chosen. — The
Vice President of the United States shall be President of
the Senate, but shall have no vote, unless they be equally
divided.

The Senate shall chuse their other Officers, and also a
President pro tempore, in the Absence of the Vice President,
or when he shall exercise the Office of President of the United
States.

The Senate shall have the sole power to try all Impeach-
ments. When sitting for that purpose, they shall be on Oath
or Affirmation. When the President of the United States is
tried, the Chief Justice shall preside: And no Person shall
be convicted without the concurrence of two-thirds of the
Members present.

Judgment in cases of Impeachment shall not extend fur-
ther than to removal from Office, and disqualification to hold
and enjoy any Office of honor, trust or profit under the United
States; but the party convicted shall nevertheless be liable
and subject to Indictment, Trial, Judgment and Punishment,
according to Law. ^

Sect, if.. The times, places and manner of holding Elec-
tions for Senators and Representatives, shall be prescribed
in each State by the Legislature thereof; but the Congress
may at any time by Law make or alter such Regulations,
except as to the places of chusing Senators.

The Congress shall assemble at least once in every year,

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177

and such Meeting, shall be on the first Monday in December,
unless they shall by Law appoint a different day.
Sect. 5. Each House shall be the Judge of the Elections,
Returns and qualifications of its own Members, and a Ma-
jority of each shall constitute a quorum to do Business ; but
a smaller number may adjourn from day to day, and may be
authorised to compel the attendance of absent Members, in
such manner, and under such Penalties as each House may
provide.

Each House may determine the rules of its proceedings,
punish its Members for disorderly Behaviour; and, with the
concurrence of two-thirds, expel a Member.

Each House shall keep a Journal of its proceedings, and
from time to time publish the same, excepting such parts as
may in their Judgment require secrecy; and the yeas and
nays of the Members of either House on any question shall,
at the desire of one-fifth of those present, be entered on the
Journal.

Neither House, during the Session of Congress, shall

without the consent of the other, adjourn for more than

three days, nor to any other place than that in which the

two Houses shall be Sitting.

Sect. 6. The Senators and Representatives shall receive a

compensation for their Services, to be ascertained by Law,

and paid out of the Treasury of the United States. They

shall in all cases, except Treason, Felony and breach of the

Peace, be privileged from Arrest during their attendance at

the Session of their respective Houses, and in going to and

returning from the same; and for any Speech or Debate

in either House, they shall not be questioned in any other

place.

3 AP 12.

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178

No Senator or Representative shall, during the time for
which he was elected, be appointed to any civil Office under
the Authority of the United States, which shall have been
created, or the emoluments whereof shall have been en-
creased during such time; and no Person holding any Office
under the United States, shall be a Member of either House
during his continuance in Office.

SecL 7, All Bills for raising Revenue shall Originate in
the House of Representatives; but the Senate may propose
or concur with Amendments as on other Bills.

Every Bill which shall have passed the House of Repre-
sentatives and the Senate, shall, before it become a Law^ be
presented to the President of the United States ; if he approve
he shall sign it, but if not he shall return it. with his Objec-
tions to that House in which it shall have Originated, who shall
enter the Objections at large on their Journal, and proceed to
reconsider it. If after such reconsideration two-thirds of that
house shall agree to pass the Bill, it shall be sent, together
with the Objections, to the other house, by which it shall like-
wise be reconsidered, and if approved by two-thirds of that
house, it shall become a Law. But in all such cases the votes
of both houses shall be determined by yeas and nays, and
the names of the persons voting for and against the Bill shall
be entered on the Journal of each house respectively. If any

not

Bill shall, be returned by the President within ten days (Sun-
days excepted) after it shall have been presented to him, the
same shall be a Law, in like manner as if he had signed it,
unless the Congress by their Adjournment prevent its re-
turn, in which case it shall not be a Law.

Every Order, Resolution, or vote to which the concur-
rence of the Senate and House of Representatives may be

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179

necessary (except on a question of Adjournment) shall be
presented to the President of the United States ; and before
the same shall take effect, shall be approved by him, or,
being disapproved by him, shall be repassed by two-thirds of
the Senate and House of Representatives, according to the
rules and limitations prescribed in the case of a Bill.
Sect. 8. The Congress shall have Power

To lay and collect Taxes, Duties, Imposts and Excises,
to pay the Debts and provide for the common defence
and general welfare of the United States; but all Duties
Imposts and Excises shall be uniform throughout the United
States :

To borrow Money on the Credit of the United States :

To regulate Commerce with foreign Nations, and among
the several States, and with the Indian tribes:

To establish an uniform rule of Naturalization, and uni-
form Laws on the subject of Bankruptcies throughout the
United States:

To coin Money, regulate the value thereof, and of foreign
coin, and fix the standard of Weights and Measures:

To provide for the punishment of Counterfeiting the
Securities and current coin of the United States:

To establish Post Offices and Post-Roads :

To promote the progress of Science and useful Arts, by
securing for limited times to Authors and Inventors the ex-
clusive right to their respective writings and discoveries :

To constitute Tribunals inferior to the Supreme Court:

To define and punish Piracies and Felonies committed on
the High Seas, and Offences against the Law of Nations:

To declare War, grant letters of marque and reprisal, and
make rules concerning Captures on Land and Water:

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To raise and support Armies, but no appropriation of
Money to that use shall be for a longer term than two years :

To provide and maintain a Navy: — ^To make rules for
the government and regulation of the Land and Naval
forces :

To provide for calling forth the Militia to execute the
Laws of the Union, suppress Insurrections and repel Inva-
sions:

To provide for Organizing, Arming, and Disciplining the
Militia, and for governing such part of them as may be em-
ployed in the service of the United States, reserving to the
States respectively, the appointment of the Officers, and
the Authority of training the Militia according to the Disci-
pline prescribed by Congress :

To exercise exclusive Legislation in all cases whatsoever,
over such district (not exceeding ten Miles square) as may,
by cession of particular States, and the Acceptance of Con-
gress, become the Seat of the Government of the United
States, and to exercise like authority over all places pur-
chased by the consent of the Legislature of the State in which
the same shall be, for the erection of Forts, Magazines,
Arsenals, Dockyards, and other needful buildings: — And

To make all Laws which shall be necessary and proper
for carrying into execution the foregoing Powers, and all
other powers vested by this Constitution in the Govern-
ment of the United States, or in any Department or Of-

thereof.

ficer^

Sect, p. The migration or importation of such persons as
any of the States now existing shall think proper to admit,
shall not be prohibited by the Congress prior to the year
one thousand eight hundred and eight, but a Tax or Duty

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may be imposed on such Importation, not exceeding ten
Dollars for each Person.

The privilege of the Writ of Habeas Corpus shall not be
suspended, unless when in cases of Rebellion or Invasion
the Public safety may require it.

No Bill of Attainder or ex post facto Law shall be passed.

No Capitation, or other direct Tax, shall be laid, unless
in proportion to the census or enumeration herein before
directed to be taken.

No Tax or Duty shall be laid on Articles exported from
any State. No preference shall be given by any regulation
of Commerce or Revenue to the ports of one State over
those of another; nor shall Vessels bound to, or from, one
State, be obliged to enter, clear, or pay Duties in another.

No Money shall be drawn from the Treasury, but in con-
sequence of appropriations made by Law; and a regular
statement and account of the receipts and expenditures of

time.

all Public Money shall be published from time to

No title of Nobility shall be granted by the United
States: And no Person holding any Office of Profit or Trust
under them, shall, without the Consent of the Congress,
accept of any present, emolument, office, or title, of any kind
whatever, from any King, Prince or foreign State.
Sect. 10. No State shall enter into any Treaty, Alliance,
or Confederation; grant Letters of marque and reprisal;
coin Money; emit bills of credit; make any thing but Gold
and Silver coin a tender in Payment of Debts ; pass any Bill
of Attainder, ex post facto Law, or Law impairing the Obliga-
tion of Contracts, or grant any title of Nobility.

No State shall, without the consent of the Congress, lay
any imposts or duties on imports or exports, except what

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may be absolutely necessary for executing its inspection

Laws ; and the net produce of all duties & imposts, laid by

any State on imports or exports, shall be for the use of the

Treasury of the United States ; and all such Laws shall be

subject to the revision and controul of the Congress. No

State shall, without the Consent of Congress, lay any duty

of tonnage, keep troops, or ships of War in time of peace,

enter into any agreement or compact with another State,

or with a foreign power, or engage in War, unless actually

invaded, or in such imminent danger as will not admit of

delay.

Article. II.

Sect. I. The executive power shall be vested in a President
of the United States of America. He shall hold his Office
during the term of four years, and, together with the Vice-
President, chosen for the same term, be elected as follows : —
Each State shall appoint, in such manner as the Legislature
thereof may direct, a number of Electors, equal to the whole
number of Senators and Representatives to which the State
may be entitled in the Congress: but no Senator or Repre-
sentative, or person holding an Office of Trust or Profit
under the United States, shall be appointed an Elector.

The Electors shall meet in their respective States, and
vote by ballot for two persons, [**one*' stricken out] of

one

whom at least shall not be an Inhabitant of the same State
with themselves. And they shall make a list of all the per-
sons voted for, and of the number of votes for each ; which
list they shall sign and certify, and transmit sealed to the
seat of the government of the United States, directed to the
President of the Senate. The President of the Senate shall,
in the presence of the Senate and House of Representa-

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tives, open all the Certificates, and the votes shall then be
counted. Thq person having the greatest number of votes
shall be the President, if such number be a majority of the
whole number of Electors appointed ; and if there be more
than one who have such Majority, and have an equal num-
ber of votes, then the House of Representatives shall imme-
diately chuse by ballot one of them for President; and if no
person have a Majority, then from the five highest on the
list the said House shall in like manner chuse the President.
But in chusing the President, the votes shall be taken by
States, the representation from each State having one vote;
a quorum for this purpose shall consist of a member or
members from two-thirds of the States, and a Majority of
all the States shall be necessary to a choice. In every case,
after the choice of the President, the person having the
greatest number of votes of the Electors shall be the Vice-
President. But if there should remain two or more who
have equal votes, the Senate shall chuse from them by ballot
the Vice-President

The Congress may determine the time of chusing the
Electors, and the day on which they shall give their votes ;
which day shall be the same throughout the United States.

No person except a natural born Citizen, or a Citizen of
the United States, at the time of the adoption of this Consti-
tution, shall be eligible to the Office of President; neither
shall any person be eligible to that Office who shall not
have attained to the age of thirty-five years, and been four-
teen years a resident within the United States.

In case of the removal of the President from Office, or
of his death, resignation or inability to discharge the pow-
ers and duties of the said Office, the same shall devolve on

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the Vice-President; and the Congress may by law provide
for the case of removal, death, resignation or inability, both
of the President and Vice-President, declaring what Officer
shall then Act as President ; and such Officer shall act accord-
ingty, until the disability be removed, or a President shall
be elected.

The President shall, at stated times, receive for his serv-

shall

ices, a Compensation, which . neither be encreased nor di-
minished during the period for which he shall have been
elected; and he shall not receive within that period any
other emolument from the United States, or any of them.

Before he enter on the execution of his Office, he shall
take the following Oath or Affirmation: — **I do solemnly
** Swear (or affirm) that I will faithfully execute the Office
**of President of the United States, and will to the best of
**my ability, preserve, protect and defend the Constitution
**of the United States.*'

Sect, 2, The President shall be Commander in Chief of
the Army and Navy of the United States, and of the Militia
of the several States, when called into the actual Service of
the United States; he may require the Opinion, in'Writing,
of the principal Officer in each of the executive Departments,
upon any subject relating to the duties of their respective
Offices, and he shall have power to grant reprieves and par-
dons for Offences against the United States, except in cases
of Impeachment. —

He shall have power, by and with the Advice and consent
of the Senate, to make Treaties, provided two-thirds of the
Senators present concur; and he shall nominate, and by and
with the Advice and consent of the Senate, shall appoint
Ambassadors, other public Ministers and Consuls, Judges of

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the Supreme Court, and all other Officers of the United
States, whose appointments are not herein otherwise pro-
vided for, and which shall be established by Law. But the
Congress may by Law vest the Appointment of such inferior
Officers, as they think proper in the President alone, in the
Courts of Law, or in the heads of Departments.

The President shall have power to fill up all vacancies
that may happen during the recess of the Senate, by grant-
ing Commissions which shall expire at the end of their next
Session.

Sect. J. He shall from time to time, give to the Congress
information of the state of the Union, and recommend to their
consideration such measures as he shall judge necessary and
expedient; he may, on extraordinary occasions, convene both
Houses, or either of them, and in case of disagreement be-
tween them, with respect to the time of Adjournment, he
may Adjourn them to such time as he shall think proper;
he shall receive Ambassadors and other public Ministers ; he
shall take care that the Laws be faithfully executed, and shall
Commission all the officers of the United States.
Sect. 4. The President, Vice-President and all civil Officers
of the United States, shall be removed from Office on im
peachment for, and Conviction of Treason, Bribery, or other
high Crimes and Misdemeanors.

Article. III.

Sect. I. The Judicial Power of the United States, shall be
vested in one Supreme Court, and in such Inferior Courts
as the Congress may from time to time, ordain and estab-
lish. The Judges both of the Supreme and Inferior Court,
shall hold their Offices during good behaviour, and shall,

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at stated times, receive for their Services, a Compensation
which shall not be diminished during their continuance in
Office.

Sect. 2, The Judicial Power shall extend to all Cases, in
law and equity, arising under this Constitution, the Laws of
the United States, and Treaties made, or which shall be made,
under their authority; to all Cases affecting Ambassadors,
other Public Ministers and Consuls ; to all Cases of Admi-
ralty and Maritime Jurisdiction; to Controversies to which
the United States shall be a party ; to Controversies between
two or more States, between a State and Citizens of another
State, between Citizens of different States, between Citizens
of the same State claiming Lands under Grants of different
States, and between a State, or the Citizens thereof, and
foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other Public Minis,
ters and Consuls, and those in which a State shall be party,
the Supreme Court shall have Original Jurisdiction. In all
the other Cases before mentioned the Supreme Court shall
have Appellate Jurisdiction, both as to Law and fact, with
such exceptions, and under such regulations as the Congress
shall make.

The trial of all Crimes, except in cases of Impeachment,
shall be by Jury; and such Trial shall be held in the State
where the said Crimes shall have been committed ; but
when not committed within any State, the Trial shall be
at such place or places as the Congress may by Law have
directed.

Sect, J. Treason against the United States, shall consist
only in levying War against them, or in adhering to their
Enemies, giving them aid and comfort. No person shall be

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convicted of Treason, unless on the Testimony of two Wit-
nesses to the same overt Act, or on confession in open
Court.

The Congress shall have power to declare the punish-
ment of Treason, but no Attainder of Treason shall work
Corruption of Blood, or forfeiture, except during the Life of
the person attainted.

Article. IV.
Sect. /.

Full faith and credit shall be given in each State to
the Public Acts, Records and Judicial Proceedings of every
other State. And the Congress may by general Laws
prescribe the manner in which such Acts, Records and
Proceedings shall be proved, and the effect thereof
Sect. 2. The Citizens of each State shall be entitled to
all privileges and immunities of Citizens in the several
States.

A person charged in any State with Treason, Felony, or
other crime, who shall flee from Justice, and be found in
another State, shall, on demand of the Executive Authority
of the State from which he fled, be delivered up, to be re-
moved to the State having Jurisdiction of the Crime.

No Person held to service or labour in one State under
the Laws thereof, escaping into another, shall, in conse-
quence of any Law or regulation therein, be discharged
from such Service or Labour, but shall be delivered up on
claim of the party to whom such Service or Labour may
be due.

Sect. J. New States may be admitted by the Congress into
this Union; but no new State shall be formed or erected
within the Jurisdiction of any other State; nor any State be

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formed by the junction of two or more States, or parts ot
States, without the consent of the Legislatures of the States
concerned, as well as of the Congress.

The Congress shall have power to dispose of and make
all needful rules and regulations, respecting the Territory
or other property belonging to the United States; and
nothing in this Constitution shall ' be so construed as to
prejudice any Claims of the United States, or of any par-
ticular State.

Sect, 4, The United States shall guarantee to every State
in this Union a Republican form of Government, and shall
protect each of them against Invasion ; and on application of
the Legislature, or of the Executive (when the Legislature
cannot be convened) against Domestic violence.

Article. V.

The Congress, whenever two-thirds of both Houses shall
deem it necessary, shall propose Amendments to this Con-
stitution, or, on the application of the Legislatures of two-
thirds of the several States, shall call a Convention for
proposing Amendments, which, in eitlier case, shall be valid
to all intents and purposes, as part of this Constitution, when
ratified by the Legislatures of three-fourths of the several
States, or by Conventions in three-fourths thereof, as the one
or the other mode of ratification may be proposed by the
Congress: Provided, that no Amendment which may be
made prior to the year one thousand eight hundred and
eight shall in any manner affect the first and fourth Clauses
in the ninth Section of the first Article; and that no State
without its consent, shall be deprived of its equal suffrage
in the Senate.

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Article. VL

All Debts contracted and Engagements entered into, be-
fore the Adoption of this Constitution, shall be as valid
against the United States under this Constitution, as under
the Confederation.

This Constitution, and the Laws of the United States
which shall be made in pursuance thereof; and all Treaties
made, or which shall be made under the Authority of the
United States, shall be the Supreme Law of the Land ; and
the Judges in every State shall be bound thereby, any thing
in the Constitution or Laws of any State to the contrary not-
withstanding.

The Senators and Representatives beforementioned, and
the members of the several State Legislatures, and all execu-
tive and judicial Officers, both of the United States and of the
several Slates, shall be bound by Oath or Affirmation to sup-
port this Constitution ; but no- Religious test shall ever be re-
quired as a qualification to any Office or public trust under

the United States.

Article. VII.

The Ratification of the Conventions of nine States, shall
be sufficient for the establishment of this Constitution between
the States so ratifying the same.

Done in Convention, by the unanimous consent of the
States present, the seventeenth day of September,
in the year of our Lord one thousand seven hundred and
eighty seven, and of the Independence of the United States
of America the twelfth. In Witness whereof we have here-
unto subscribed our Names. George Washington President
and Deputy from Virginia. New Hampshire. John Langdon,

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Nicholas Gilman, Massachusetts. Nathaniel Gorham, Rufus
King, Connecticut. William Samuel Johnson, Roger Sher-
man, New York. Alexander Hamilton, New-Jersey. Wil-
liam Livingston, David Brearly, William Patterson, Jonathan

Miflin, Robert

Dayton, Pennsylvania. Benjamin Franklin, Thomas, Morris,
George Clymer, Thomas Fitzsimons, Jared Ingersoll, James
Wilson, Governeur Morris, Delaware. George Read, Gun-
ning Bedford, Junior, John Dickinson, Richard Bassett, Jacob
Broom. Maryland. James M^'Henry, Daniel of S* Tho. Jen-
ifer, Daniel Carrol. Virginia. John Blair, James Madison,
Junior. North Carolina. William Blount, Richard Dobbs
Spaight, Hugh Williamson. South Carolina. John Rut-
ledge, Charles Cotesworth Pinkney, Charles Pinkney, Pierce
Butler. Georgia. William Few, Abraham Baldwin. Attest.
William Jackson, Secretary.

We the Delegates of the People of the State of New
York, duly elected and Met in Convention, having maturely
considered the Constitution for the United States of America,
agreed to on the seventeenth day of September, in the year
One thousand Seven hundred and Eighty seven, by the Con-
vention then assembled at Philadelphia in the Common-wealth
of Pennsylvania (a Copy whereof precedes these presents) and
having also seriously and deliberately considered the present
situation of the United States, Do declare and make known.

That all Power is originally vested in and consequently
derived from the People, and that Government is instituted
by them for their common Interest Protection and Security.

That the enjoyment of Life, Liberty and the pursuit of
Happiness are essential rights which every Government
ought to respect and preserve.

That the Powers of Government may be reassumed by the

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People, whensoever it shall become necessary to their Hap-
piness; that every Power, Jurisdiction and right, which is not
by the said Constitution clearly delegated to the Congress of
the United States, or the departments of the Government
thereof, remains to the People of the several States, or to
their respective State Governments to whom they may have
granted the same ; And that those Clauses in the said Con-
stitution, which declare, that Congress shall not have or exer-
cise certain Powers, do not imply that Congress is entitled to
any Powers not given by the said Constitution ; but such
Clauses are to be construed either as exceptions to certain
specified Powers, or as inserted merely for greater Caution.

That the People have an equal, natural and unalienable
right, freely and peaceably to Exercise their Religion accord-
ing to the dictates of Conscience, and that no Religious Sect
or Society ought to be favoured or established by Law in
preference of others.

That the People have a right to keep and bear Arms ;
that a well regulated Militia, including the body of the People
capable of bearing ArmSy is the proper, natural and safe de-
fence of a free State ;

That the Militia should not be subject to Martial Law ex-
cept in time of War, Rebellion or Insurrection.

That standing Armies in time of Peace are dangerous to
Liberty, and ought not to be kept up, except in Cases of ne-
cessity; and that at all times, the Military should be under
strict Subordination to the civil Power.

That in time of Peace no Soldier ought to be quartered
in any House without the consent of the Owner, and in time
of War only by the Civil Magistrate in such manner as the
Laws may direct.

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That no Person ought to be taken imprisoned, or disseised
of his freehold, or be exiled or deprived of his Privileges,
Franchises, Life, Liberty or Property but by due process of
Law.

That no Person ought to be put twice in Jeopardy of Life
or Limb for one and the same Offence, nor, unless in case
of impeachment, be punished more than once for the same
Offence.

That every Person restrained of his Liberty is entitled to
an enquiry into the lawfulness of such restraint, and to a re-
moval thereof if unlawful, and that such enquiry and removal
ought not to be denied or delayed, except when on account
of Public Danger the Congress shall suspend the privilege of
the Writ of Habeas Corpus.

That excessive Bail ought not to be required; nor ex-
cessive Fines imposed; nor Cruel or unusual Punishments
inflicted.

That (except in the Government of the Land and Naval
Forces, and of the Militia when in actual Service, and in cases
of Impeachment) a Presentment or Indictment by a Grand
Jury ought to be observed as a necessary preliminary to the
trial of all Crimes cognizable by the Judiciary of the United
States, and such Trial should be speedy, public, and by an
impartial Jury of the County where the Crime was committed ;
and that no person can be found Guilty without the unani-
mous consent of such Jury. But in cases of Crimes not
committed within any County of any of the United States,
and in Cases of Crimes committed within any County in which
a general Insurrection may prevail, or which may be in the
possession of a foreign Enemy, the enquiry and trial may be

the

in such County as Congress shall by Law direct; which

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County in the two Cases last mentioned should be as near
as conveniendy may be to that County in which the Crime
may have been committed. And that in all Criminal Prose-
cutions, the Accused ought to be informed of the cause and
nature of his Accusation, to be confronted with his accusers
and the Witnesses against him, to have the means of pro-
ducing his Witnesses, and the assistance of Council for his
defense, and should not be compelled to give Evidence against
himself.

That the' trial by Jury in the extent that it obtains by the
Common Law of England is one of the greatest securities to
the rights of a free People, and ought to remain inviolate.

That every Freeman has a right to be secure from all un-
reasonable searches and seizures of his person his papers or
his property, and therefore, that all Warrants to search sus-
pected places or seize any Freeman his papers or property,
without information upon Oath or Affirmation of sufficient
cause, are grievous and oppressive ; and that all general
Warrants (or such in which the place or person suspected
are not particularly designated) are dangerous and ought
not to be granted.

That the People have a right peaceably to assemble to-
gether to consult for their common good, or to instruct their
Representatives; and that every person has a right to
Petition or apply to the Legislature for redress of Griev-
ances. That the Freedom of the Press ought not to be

violated or restrained.

That there should be once in four years an Election of the

President and Vice President, so that no Officer who may be

appointed by the Congress to act as President in case of the

removal, death, resignation or inability of the President and
3 AP 13-

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Vice President can in any case continue to act beyond the
termination of the period for which the last President and
Vice President were elected.

That nothing contained in the said Constitution is to
be construed to prevent the Legislature of any State from
passing Laws at its discretion from time to time to divide
such State into convenient Districts, and to apportion its
Representatives to and amongst such Districts.

That the Prohibition contained in the said Constitution
against ex post facto Laws, extends only to Laws concerning
Crimes.

That all Appeals in Causes determineable according to
the course of the common Law, ought to be by Writ of
Error and not otherwise.

That the Judicial Power of the United States in cases in
which a State may be a party, does not extend to criminal
Prosecutions, or to authorize any Suit by any Person against
a State.

That the Judicial Power of the United States as to Con-
troversies between Citizens of the same State claiming Lands
under Grants of different States is not to be construed to
extend to any other Controversies between them except
those which relate to such Lands, so claimed under Grants
of different States.

That the Jurisdiction of the Supreme Court of the United
States, or of any other Court to be instituted by the Congress,
is not in any case to be encreased enlarged or extended by
any Fiction Collusion or mere suggestion; — And That no
Treaty is to be construed so to operate as to alter the Con-
stitution of any State.

Under these impressions and declaring that the rights

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aforesaid cannot be abridged or violated, and that the Expla-
nations aforesaid are consistent with the said Constitution,
And in Confidence that the 'Amendments which shall have
been proposed to the said Constitution will receive an early
and mature Consideration: We the said Delegates, in the
Name and in the behalf of the People of the State of New
York Do by these presents Assent to and Ratify the said
Constitution. In full Confidence nevertheless that until a
Convention shall be called and convened for proposing
Amendments to the said Constitution, the Militia of this State
will not be continued in Service out of this State for a longer
term than six weeks without the Consent of the Legislature
thereof; — that the Congress will not make or alter any Regu-
lation in this State respecting the times places and manner of
holding Elections for Senators or Representatives unless the
Legislature of this State shall neglect or refuse to make Laws
or regulations for the purpose, or from any circumstance be
incapable of making the same, and that in those cases such
power will only be exercised until the Legislature of this State
shall make provision in the Premises ; — that no Excise will be
imposed on any Article of the Growth production or Manufac-
ture of the United States, or any of them within this State,

the

Ardent Spirits excepted; And that^ Congress will not lay
direct Taxes within this State, but when the Monies arising
from the Impost and Excise shall be insufficient for the public
Exigencies, nor then, until Congress shall first have made a
Requisition upon this State to assess levy and pay the

made

Amount of such Requisition^agreably to the Census fixed in
the said Constitution in such way and manner as the Legis-
lature of this State shall judge best, but that in such case, if
the State shall neglect or refuse to pay its proportion pursuant

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to such Requisition, then the Congress may assess and levy
this States proportion together with Interest at the Rate of
six per Centum per Annum from the time at which the
same was required to be paid.

Done in Convention at Poughkeepsie in the County
of Dutchess in the State of New York the twenty
sixth day of July in the year of our Lord One thou-
sand Seven hundred and Eighty eight.
By Order of the Convention.

Geo: Clinton President
Attested

John McKesson |
. .. ^ ^ r Secretaries —

Ab^ B. Bancker )

And the Convention do in the Name and Behalf of the
People of the State of New York enjoin it upon their Repre-
sentatives in the Congress, to Exert all their Influence, and
use all reasonable means to Obtain a Ratification of the fol-
lowing Amendments to the said Constitution in the manner
prescribed therein ; and in all Laws to be passed by the
Congress in the meantime to conform to the spirit of the
said Amendments as far as the Constitution will admit.

That there shall be one Representative for every thirty
thousand Inhabitants, according to the enumeration or Census
mentioned in the Constitution, until the whole number of
Representatives amounts to two hundred ; after which that
number shall be continued or encreased but not diminished,

the

as Congress shall direct, and according to such ratio as , Con-
gress shall fix, in conformity to the rule prescribed for the
Apportionment of Representatives and direct Taxes.

That the Congress do not impose any Excise on any Ar-

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tide (except Ardent Spirits) of the Growth Production or
Manufacture of the United States, or any of them.

That Congress do not lay direct Taxes but when the
Monies arising from the Impost and Excise shall be insuffi-
cient for the Public Exigencies, nor then until Congress shall
first have made a Requisition upon the States to assess levy
and pay their respective proportions of such Requisition,
agreably to the Census fixed in the said Constitution, in such
way and manner as the Legislatures of the respective States
shall judge best; and in such Case, if any State shall neglect
or refuse to pay its proportion pursuant to such Requisi-
tion, then Congress may assess and levy such States pro-
portion, together with Interest at the rate of six per Centum
per Annum, from the time of Payment prescribed in such
Requisition.

the

That Congress shall not make or alter any Regulation in
any State respecting the times places and manner of holding
Elections for Senators or Representatives, unless the Legis-
lature of such State shall neglect or refuse to make Laws or
Regulations for the purpose, or from any circumstance be
incapable of making the same; and then only until the Leg-
islature of such State shall make provision in the premises ;
provided that Congress may prescribe the time for the Elec-
tion of Representatives.

That no Persons except natural born Citizens, or such as
were Citizens on or before the fourth day of July one thou-
sand seven hundred and seventy six, or such as held Com-
missions under the United States during the War, and have
at any time since the fourth day of July one thousand seven
hundred and seventy six become Citizens of one or other of
the United States, and who shall be Freeholders, shall be

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eligible to the Places of President, Vice President, or Mem-
bers of either House of the Congress of the United States.

the

That Congress do not grant Monopolies or erect any
Company with exclusive Advantages of Commerce.

That no standing Army or regular Troops shall be raised
or kept up in time of peace, without the consent of two-thirds
of the Senators and Representatives present, in each House.

That no Money be borrowed on the Credit of the United
States without the Assent of two-thirds of the Senators and
Representatives present in each House.

That the Congress shall not declare War without the con-
currence of two-thirds of the Senators and Representatives
present in each House.

That the Privilege of the Habeas Corpus shall not by
any Law be suspended for a longer term than six Months,
or until twenty days after the Meeting of the Congress next
following the passing of the Act for such suspension.

That the Right of the Congress to exercise exclusive Leg-
islation over such District, not exceeding ten Miles square,
as may by cession of a particular State, and the acceptance of
Congress, become the Seat of the Government of the United
States, shall not be so exercised, as to exempt the Inhabitants
of such District from paying the like Taxes Imposts Duties
and Excises, as shall be imposed on the other Inhabitants
of the State in which such District may be; and that no
person shall be privileged within the said District from
Arrest for (primes committed, or Debts contracted out of
the said District.

That the Right of exclusive Legislation with respect to
such places as may be purchased for the Erection of Forts,
Magazines, Arsenals, Dockyards and other needful Buildings,

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199

shall not authorize the Congress to make any Law to pre-
vent the Laws of the States respectively in which they may
be, from extending to such places in all. civil and Criminal
Matters, except as to such Persons as shall be in the Service
of the United States; nor to them with respect to Crimes
committed without such Places.

That the Compensation for the Senators and Representa-
tives be ascertained by standing Laws ; and that no alteration
of the existing rate of Compensation shall operate for the
Benefit of the Representatives, until after a subsequent Elec-
tion shall have been had.

the

That the Journals of^Congress shall be published at least
once a year, with the exception of such parts relating to
Treaties or Military operations, as in the Judgment of either
House shall require Secrecy ; and that both Houses of Con-
gress shall always keep their Doors open during their Ses-
sions, unless the Business may in their Opinion requires
Secrecy. That the yeas & nays shall be entered on the
Journals whenever two Members in either House may
require it.

That no Capitation Tax shall ever be laid by the Con-
gress. •

That no Person be eligible as a Senator for more than six
years in any term of twelve years ; and that the Legislatures
of the respective States may recal their Senators or either of
them, and [**to*' stricken out] elect others in their stead, to
serve the remainder of the time for which the Senators so
recalled were appointed.

That no Senator or Representative shall during the time
for which he was elected be appointed to any Office under the
Authority of the United States.

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200

That the Authority given to the Executives of the States
to fill the vacancies of Senators be abolished, and that such
vacancies be filled by the respective Legislatures.

That the Power of Congress to pass uniform Laws con-
cerning Bankruptcy shall only extend to Merchants and other
Traders ; and that the States respectively may pass Laws for
the relief of other Insolvent Debtors.

That no Person shall be eligible to the Office of President
of the United States a third time.

That the Executive shall not grant Pardons for Treason,
unless with the Consent of the Congress ; but may at his dis-
cretion grant Reprieves to persons convicted of Treason, until
their Cases, can be laid before the Congress.

That the President or person exercising his Powers for
the time being, shall not command an Army in the Field in
person, without the previous desire of the Congress.

That all Letters Patent, Commissions, Pardons, Writs and
Process of the United States, shall run in the Name of tJie
People of the United States, and be tested in the Name of the
President of the United States, or the person exercising his
powers for the time being, or the first Judge of the Court out
of which the same shall issue, as the case may be.

That the Congress shall not constitute ordain or establish
any Tribunals or Inferior Courts, with any other than Appel-
late Jurisdiction, except such as may be necessary for the
Tryal of Causes of Admiralty and Maritime Jurisdiction, and
for the Trial of Piracies and Felonies committed on the High
Seas ; and in all other Cases to which the Judicial Power of the
United States extends, and in which the Supreme Court of
the United States has not original Jurisdiction, the Causes
shall be heard tried, and determined in some one of the

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201

State Courts, with the right of Appeal to the Supreme Court
of the United States, or other proper Tribunal to be estab-
Hshed for that purpose by the Congress, with such exceptions,
and under such regulations as the Congress shall make.

That the Court for the Trial of Impeachments shall con-
sist of the Senate, the Judges of the Supreme Court of the
United States, and the first or Senior Judge for the time be-
ing, of the highest Court of general and ordinary common
Law Jurisdiction in each State; — that the Congress shall by
standing Laws designate the Courts in the respective States
answering this Description, and in States having no Courts
exactly answering this Description, shall designate some other
Court, preferring such if any there be, whose Judge or Judges
may hold their places during good Behaviour — Provided that
no more than one Judge, other than Judges of the Supreme
Court of the United States, shall come from one State — That
the Congress be authorized to pass Laws for compensating
the said Judges for such Services and for compelling their
Attendance — and that a Majority at least of the said Judges
shall be requisite to constitute the said Court — that no person
impeached shall sit as a Member thereof That each Mem-
ber shall previous to the entering upon any Trial take an
Oath or Affirmation, honestly and impartially to hear and
determine the Cause — and that a Majority of the Members
present shall be necessary to a Conviction.

That persons aggrieved by any Judgment, Sentence or
Decree of the Supreme Court of the United States, in any
Cause in which that Court has original Jurisdiction, with such
exceptions and under such Regulations as the Congress shall
make concerning the sahie, shall upon application, have a
Commission to be issued by the President of the United

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202

States, to such Men learned in the Law as he shall nominate,
and by and with the Advice and consent of the Senate ap-
point, not less than seven, authorizing such Commissioners,
or any seven or more of them, to correct the Errors in such
Judgment or to review such Sentence and Decree, as the
case may be, and to do Justice to the parties in the Prem-
ises.

That no Judge of the Supreme Court of the United States
shall hold any other Office under the United States, or any
of them.

That the Judicial Power of the United States shall extend
to no Controversies respecting Land, unless it relate to Claims
of Territory or Jurisdiction between States, or to Claims of
Land between Individuals, or between States and Individuals
under the Grants of different States.

That the Militia of any State shall not be compelled to
serve without the limits of the State for a longer term
than six weeks, without the Consent of the Legislature
thereof

That the words without the Consent of the Congress in the
seventh Clause of the ninth Section of the first Article of
the Constitution, be expunged.

That the Senators and Representatives and all Executive
and Judicial Officers of the United States shall be bound by
Oath or Affirmation not to infringe or violate the Constitu-
tions or Rights of the respective States.

That the Legislatures of the respective States may make
Provision by Law, that the Electors of the Election Dis-
tricts to be by them appointed shall chuse a Citizen of the
United States who shall have been an Inhabitant of such
District for the Term of one year immediately preceeding

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203

the time of his Election, for one of the Representatives of
such State.

Done in Convention at Poughkeepsie in the County
of Dutchess in the State of New York the twenty
sixth day of July in the year of our Lord One thou-
sand seven hundred and Eighty eight.
By Order of the Convention.

Geo: Clvnton President
Attested —

John McKesson \

> Secretaries——
Ab^ B. Bancker )

[indorsement.]
New York.

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Monday July 28. 1788*

Congress assembled present Newhampshire Massachusetts
Connecticut New York New Jersey Pensylvania Delaware
Maryland Virginia North Carolina So Carolina & Georgia

The Com*^ consisting of M"^ Carrington M"^ Edwards M"^
Baldwin M' Otis & M"^ Tucker to whom were referred the
acts of the several States which have been transmitted to
Congress ratifying the constitution for the United States
of America having reported an[**d" stricken out] act for
putting the said constitution into operation and the follow-
ing paragraph having been debated^ amended to read as
follows

, That the first Wednesday in January next be the day for
appointing electors in the several states which have or shall
before the said day have ratified the said constitution ; that
the first Wednesday in feb^ next be the day for the electors
to assemble in their respective states & vote for a president
and that the first Wednesday in March next be the time

and the place for commencing proceedings under the

said constitution. —

A motion was made by M"^ Edwards seconded by M"^ Wil-
liamson to fill the blanck with ** Philadelphia*' and on the
question to agree to this [** amendment" stricken out] the
yeas & nays being required by M"^ Seney

*From the "Rough" Journal of Congress (No. I, vol. 39).
204

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205

New Hampshire

M*^ Gilman

ay)

M' Wingate

Massachusetts

M*^ Dane
M' Otis

no")

V no*
no)

Connecticut

M"^ Huntington

ay^

M' Wadsworth

no [ ay

M*^ Edwards

ay.

New York —

M"" L'Hommedieu

no"

M' Benson

► no

M' Yates

New Jersey —

M' Clarke

no"

M' Elmer

- no

M' Dayton

no.

Pensylvania

M"^ Irvine

ay'

M' Bingham

-ay

M' Armstrong

M*^ Reid

ay.

Delaware

M' Kearny

"°|d

M' Mitchell ,

ay 3

Maryland

M'' Seney

ay"

M' Contee

■ay

M' Ross

ay.

Virginia

M"" Griffin

ay"

M' Madison

ay [ ay

ay.

M"" Carrington

North Carolina-

-M"" Williamson
M*^ Swann

ay'i
ay

ay)

South Carolina

M' Huger
M' Tucker

no)

I" no
no)

Georgia —

M' Few
M' Baldwin

no"

ay.

: divided

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2o6

So the question was lost

Tuesday July 29. 1788

Congress assembled present as yesterday & from Rhode-
island M' Arnold

M' Meredith from Pensylvania & M"^ H Lee from Virginia

delivered in

attended & [** produced*' stricken out] their credentials
Wednesday July 30. 1788

Congress assembled present as yesterday

The order of the day being called for and the para-
graph which was under debate on Monday being read, a
motion was made by M"" Dayton seconded by M*^ Huger to
fill the blank with the word **the city of New York in the
State of New York'* thereupon a motion was made by M"^
Lee seconded by M*" Clarke in lieu of this to amend the
para[**ra** stricken outjgraph so that the last clause be **and
at such place as shall hereafter be appointed by Congress"
and on the question to agree to this amendment of the para-
graph, the yeas & nays being required by M' Bingham

Newhampshire

M' Gilman

no"

M' Wingate

ay.

Massachusetts

M^ Dane

ay^

M' Otis

ay.

Connecticut

M' Huntington

no'

M' Wadsworth

M' Edwards

New York

M'^ L'Hommedieu

ay'

M' Benson

M' Hamilton

M' Yates—

ay.

> no

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207

New Jersey M' Clarke ay

M' Elmer no

M' Dayton ayj

Pensylvania M"^ Irvine no

M' Meredith no

M"^ Armstrong no

M' Bingham no

M' Reid no

Delaware M' Kearny no

M"^ Mitchell no

Maryland M*" Seney no

M' Contee no

M' Ross no

Virginia M' Griffin no

M' Madison no

M^ Carrington no

M' Lee ay J

North Carolina M"^ Williamson no]

M*^ Swann no j

South Carolina M' Huger ay'

M' Parker ay

M"^ Tucker no

Georgia M' Few no

M' Baldwin no.
So it passed in the negative —

> no

Friday Aug. i. 1788

[**The order of the day being called for & the motion re-
newed to fill the blanck with the words *city of New York in
the State of New- York*'' stricken out.]

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208

Monday Aug 4. 1 788
Congress assembled present the thirteen states

The Order of the day being called & the motion renewed
by \r Dayton seconded by NP Ross to fill the blank with the
words **city of New york in the State of Newyork." A
motion was made by M*^ Williamson seconded by NP Seney
to postpone the motion in order to admit a motion to fill the
blank with the word Lancaster and on the question to post-
pone for the purpose above mentioned the yeas & nays
being required by M"^ Williamson
N : Hampshire M^ Gilman

M' Wingate
Massachusetts M' Sedgwick

M' Dane

Maoris
Rhode Island — M*^ Hazard

M' Arnold

M' Huntington

M' Wadsworth

M' Edwards

Connecticut

no^

ay^

> no

New York —

M'' L'Hommedie

iu no

M'' Benson

M' Hamilton

M^ Yates

New Jersey —

M^ Clarke

M' Elmer

M' Dayton

> no

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209

Cay

Pensylvania — M' Irvine

M' Meredith

M*^ Bingham

M' Reid
Delaware — M' Kearny

M' Mitchell
Maryland — M*^ Seney

M' Contee

M' Ross
♦ Virginia M"^ Griffin

M' Madison

M"^ Carrington

M'Lee

M' Brown
North Carolina — M' Williamson

M' Swann
South Carolina — M"^ Huger

M' Parker

M"^ Tucker
Georgia — M"^ Few

M' Baldwin
So it passed in the negative —
A motion was then made by M"" Carrington seconded by M"^

to poMpone

Seney ^the motion for New York in order to admit Baltimore
in the State of Maryland & on the question to postpone for
the purpose above mentioned the yeas & nays being re-
quired by M' Seney

New Hampshire M"" Gilman no )

y no
M"^ Wingate no )

3 AP 14.

ay J

no
no^
ay|
ayj

ay-

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2IO

Massachusetts.

M' Sedgwick

no'

M' Dane

y no

M^ Otis

•

Rhode Island

M^ Hazard
M' Arnold

no)

y no
no 3

Connecticut

M' Huntington

no'

M"^ Wadsworth

no [ no

M' Edwards

New York

M' L'Hommedieu

M' Benson
M*^ Hamilton

no
no

■ no

M*^ Yates

no.

New Jersey

M^ Clarke

no'

M^ Elmer

- no

M^ Dayton

Pensylvania

M' Irvine

..ay'

M^ Meredith

M' Armstrong

M*^ Bingham

M' Reid

ay.

Delaware

M' Kearny

ay 3

M' Mitchell

Maryland

M' Seney

ay~

M' Contee

^ay

M^ Ross

ay.

Virginia

M' Griffin

ay'

M' Madison

M"^ Carrington

•ay

M^Lee

M' Brown

ay.

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211

North Carolina M' Williamson
M' Swan

South Carolina M' Huger
M'' Parker
M' Tucker

Georgia M' Few

M' Baldwin
So it passed in the affirmative

ay
ay
ay
ay

ay J
ay^

lay

On the question to [**agree*' stricken out] fill the blank with

the town of

the words , Baltimore in the State of Maryland the yeas &
nays being required by M*^ Carrington

New Hampshire

M"^ Gilman

M*^ Wingate

Massachusetts

M"" Sedgwick

M^ Dane

M"^ Otis

Rhode Island

M-^ Hazard

M' Arnold

Connecticut

M*^ Huntington

M*^ Wadsworth

M"^ Edwards

New York

M*^ L'Hommedieu

M' Benson

M' Hamilton

M^ Yates

New Jersey

M*^ Clarke

M^ Elmer

M' Dayton

> no

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212

' ay

Pensylvania M' Irvine

M' Meredith

M' Armstrong no |- ay

M' Bingham
M' Reid
Delaware M' Kearny

M' Mitchell
Maryland M' Seney

M' Contee
M' Ross
Virginia M' Griffin

M' Madison
M' Carrington
M'Lee
M' Brown
North Carolina M' Williamson

M' Swann
South Carolina 'M' Huger
M"^ Parker
M' Tucker
Georgia M' Few

M' Baldwin
So it was resolved in the affirmative.
The preamble reported by the committee was then taken
into consideration which is in the words following "Whereas
the Convention assembled in Philadelphia pursuant to the
Resolution of Congress of the 21" of February 1787. did on
the 17* of September in the same Year report to the United
States in Congress Assembled in the words following viz —
"We the people &c." (here to be inserted the Constitution
and resolutions as entered on the Journal of last Year

ay J

ay]

ayj

ay.

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213

Sep' 28* 1787) whereupon Congress on the 28*^ of the
same September, did resolve unanimously, *'That the said
Report, with the resolutions & letter accompanying the
same, be transmitted to the several Legislatures, in order
to be submitted to a Convention of Delegates chosen in
each State, by the people thereof, in conformity to the Re-
solves of the Convention made & provided in that case.
**And whereas the States of New Hampshire, Massachu-
setts, Connecticut, New York, New Jersey, Pensylvania,

Virginia

Delaware, Maryland ^South Carolina and Georgia, have duly
ratified the aforesaid Constitution, as appears by the several
Acts of the said States returned to Congress, and filed
in the Office of the Secretary: and it is expedient that pro-
ceedings do commence thereon as early as may be, there-
fore," &c—

A motion was made by M' Tucker, seconded by M""
Huger to postpone the said preamble in order to take up
the following — viz — Whereas the Constitution proposed by
the late general Convention held in the city of Philadelphia
has been ratified in the manner therein declared to be suffi-
cient for the establishment of the same ; And whereas the
ratifications of the several States are to be considered as
containing virtual authority & Instructions to their Delegates
in Congress to make the preparatory Arrangements recom-
mended by the said Convention to be made by Congress,
therefore resolved, and on the question to postpone for the
purpose abovementioned, the Yeas and Nays being re-
quired by M' Tucker,

New Hampshire... M' Gilman ay)

M"^ Wingate ayj

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214

Massachusetts M'' Sedgewick no

M' Dane ay

M' Otis no

Rhodelsland [**M^ Hazard*' stricken out]|

M' Arnold ay j

Connecticut M' Huntington ay'

M' Wadsworth ay

M' Edwards no

New York M' L'Hommedieu no'

M' Benson no

M' Hamilton no

M*^ Yates ay

New Jersey M"" Clark ayl

M' Elmer ay J* ay

M' Dayton noj

Pensylvania M' Irvine ay

W Meredith ay

M' Armstrong ay

M' Bingham no

M' Reid ay

Delaware M' Kearny

M'^ Mitchell

.ayj
.ay(

Maryland M' Seney no'

M'^ Contee ay

M' Ross ay

Virginia M' Griffin ay

M' Madison ay

M' Carrington ay

M' Lee ay

M' Brown ay

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215

North Carolina M*^ Williamson no

M*^ Swann ay

South Carolina M"^ Huger ay

M' Parker ay

M' Tucker ay

Georgia M"^ Few ay^^

M*^ Baldwin ayj ^^

So it was resolved in the Affirmative —

Tuesday Aug*' 5 1788
Congress assembled present as yesterday

The Order of the day being called, the preamble moved
by M' Tucker seconded by M*^ Huger was read in the words
following ** Whereas the Constitution proposed by the late
general Convention held in the city of Philadelphia has been
ratified in the manner therein declared to be sufficient for the
establishment of the same ; and whereas the ratifications of
the several states are to be considered as containing virtual
authority & instructions to their delegates in Congress [** as-
sembled** stricken out] to make the preparatory arrange-
ments recommended by the said convention to be made by
Congress, therefore*' —

of North Carolina

A motion was made by the delegates^to amend this pro-
posed preamble by striking out the words **and instructions
to their delegates in Congress** and in lieu thereof to insert
•*to the United States in Congress assembled**
A motion was thereupon made by M*^ Dane seconded by

both

Benson to postpone^ the proposed preamble and the amend-
ment; and on the question to [**amend the y** stricken, outj
postpone the yeas & nays being required by M^ Williamson

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2l6

New Hampshire

W Oilman

ay]

oir

M' Wingate

ay)

M' Sedgwick

Massachusetts

M' Dane
M^ Otis

''"lay

ay 3

Rhodeisland

M' Hazard

no)

M' Arnold

\ no
no 3

Connecticut

M' Huntington

ay-

M' Wadsworth

■ay

M^ Edwards

ay.

New york —

M' L'Hommedieu

ay-

M' Benson
M' Hamilton

ay
ay

-ay

M' Yates

New-Jersey —

M^ Clarke

ay-

M^ Elmer

■ay

M' Dayton

ay.

Pennsylvania

M" Armstrong

ay-

M' Bingham

■ay

M^ Reid

Delaware

M' Kearny

no )

\ no
no)

M*^ Mitchel

Maryland

M' Seney

ay-

M' Contee

no \ ay

M^ Ross

ay.

Virginia

M*^ Griffin

ay'

M' Madison

M' Carrington

■ ay

M^Lee

M' Brown

ay.

Digitized by

Google

no
no
no
no
no
ay
ay

217

North Carolina M*^ Williamson

M' Swann
South Carolina M' Huger

M-^ Parker

M' Tucker
Georgia — M' Few

M' Baldwin
So it was resolved in the affirmative. —
A New preamble being agreed to, a motion was made by
M' Hamilton seconded by M"^ Dane to reconsider the ques-
tion for filling the blank in the resolution with the words
*'The town of Baltimore in the state of Maryland," and on
the question for reconsideration the yeas & nays being re-
quired by M"^ Seney
Newhampshire M' Oilman

M"" Wingate

M"" Sedgwick

M"" Dane

M' Otis

M*^ Hazard

M' Arnold

M"" Huntington

M' Wadsworth

M"" Edwards

M*^ L'Hommedieu

M' Benson

M' Hamilton

M' Yates

M' Clark

M"" Dayton

Massachusetts

Rhodeisland

Connecticut

New York

New Jersey

ay
ay
ay
ay

ay J

Digitized by

Google

2l8

Pensylvania

M' Irvine

no'

M' Meredith

M"" Armstrong

. no

M"" Bingham

M^ Reid

Delaware

M"^ Kearny

no'

. no

M^ Mitchell

no.

■ VWJ

Maryland

M' Seney

no^

M' Contee

> no

M^ Ross

Virginia

M' Griffin

M' Madison

M' Carrington

^ no

M-^Lee

M"" Brown

North Carolina

M' Williamson
M^ Swan

no
no

h no

South Carolina

M^ Huger

ay^

M' Parker

- no

M' Tucker

Georgia

M' Few
M^ Baldwin

no'
no^

1
r no

So it passed

in the negative. —

Wednesday Aug 6. 1788

Congress assembled present the thirteen states. —
The order of the day being called for and the act as amended
for putting the Constitution into Operation being read as fol-
lows

Whereas the convention assembled in Philadelphia pur-
suant to the resolution of Congress of the 21 feb^ 1787 did

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219

on the 17 of Sept in the same year report to the United
States in Congress assembled a constitution for the people
of the United States Whereupon Congress on the 28 of the
same September did resolve unanimously ** that the said re-
port with the resolutions & letter accompanying the same
be transmitted to the several legislatures in order to be sub-
mitted to a convention of delegates chosen in each state by
the people thereof in conformity to the resolves of the con-
vention made & provided in that case'* and whereas the
constitution so reported by the convention & by Congress
transmitted to the several legislatures has been ratified in the
manner therein declared to be sufficient for the establishment
of the same & such ratifications duly authenticated have been
received by Congress and are filed in the office of the secre-
tary therefore Resolved that the first Wednesday in January
next be the day for appointing electors in the several states
which before the said day shall have ratified the said consti-
tution, that the first Wednesday in feb^ next be the day for
the electors to assemble in their respective states & vote for
a president and that the first Wednesday in March next be
the time and the town of Baltimore in the state of Maryland
the place for commencing proseedings under the said consti-
tution

further

A motion was made by M' Tucker seconded by M' Lee. to
amend the act by striking out the words, ** the town of
Baltimore in the State of Maryland*' & [*'in lieu thereof*

And

stricken out] inserting as follows, Whereas a central situa-
tion would be most eligible for the sitting of the Legislature
of the United States, if such could be found in a condition
to furnish in due time the accommodations necessary for facil-

and

itating public business, ^at the same time free of weighty ob-

Digitized by

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220

jections which might render it improper or unlikely to be the
seat of Government either permanently or until a permanent
seat can be agreed on : & whereas the most effectual means
of obtaining finally the establishment of the federal govern-
ment in a convenient central situation is to leave the subject
to the deliberate consideration of the future Congress, unin-
*fluenced by undue attachment to any* of the places which
may stand in competition for preference on so interesting a
question, and unembarrassed by want of time & means to fix
on and prepare the most proper place for this purpose: And
whereas the removal of the public Offices must be attended
with much expence, danger & Inconvenience, which ought
not to be incurred but with a well founded expectation of
advantages that may fully counterbalance the same; &
whereas no such advantages can be expected from a removal
to any place now in a condition to receive the federal legisla-
ture: and whereas in addition to the beforementioned reasons
unnecessary changes of the seat of Government would be
indicative of instability in the national councils and therefore
highly injurious to the interests as well as derogatory to the
dignity of the United States, therefore. Resolved that the city
of New York in the State of New York be the place for
commencing proceedings under the said Constitution —

A motion was then made by M"^ Williamson seconded by
M' Reid to postpone the motion before the house in order
to take up the following,

Whereas it is proper that the seat of the new Congress
and of the national Government should be placed as near
the centre of the Union as may consist with present accom-
modation in order that it's influence and benefits may be
equally felt by the great body of citizens throughout the

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221

Sute>

United^, that members of Congress and other persons may
approach it with equal convenience from the opposite ex-
tremes, & that no species of partial favour may seem to
have been extended to one extreme, rather than to the
other; And whereas the present residence of Congress is
far removed from the center of the [** center of the*' stricken
out] Union, whether population or distance are considered,
since the new Congress is to consist of eight Senators
from States to the 'eastward of New York and sixteen
from States to the southward, and since there are to be
only 17 members in the house of representatives from the
eastern States, though there are to be 42 members from
southern States ; and since the distance to the seat of gov-
ernment in the extreme eastern state is hardly equal to one
third of the distance to the seat of Government in the most
southerly state. And whereas it is to be desired that the
new Congress may be convened in the same spirit of mutual
accommodation which has hitherto appeared in all delibera-
tions respecting the new government, and that proceedings
under the said Government may commence under the im-
pressions of mutual confidence, without that general irrita-
tion and loss of time which must attend the removal from
an improper situation, and without those painful apprehen-
sions which will naturally arise from a measure that may
seem to have originated in an undue regard to local con-
siderations.— therefore Resolved that the seat of the new
Congress ought to be in some place to the southward of
New York —

And on the question to postpone for the purpose above-
mentioned, the Yeas & Nays being required by M' William-
son—

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New Hampshire M' Gilman no

M*^ Wingate no

Massachusetts . . . . M' Sedgewick no

M' Dane no

M' Otis no

M' Thatcher no

M*^ Hazard no

M' Arnold no

M*^ Huntington no'

M"^ Wadsworth no

M*^ Edwards ay

M*^ L*Hommedieu...no

M' Benson no

M^ Hamilton no

M' Yates no

M^ Clark nol

Rhode Island
Connecticut

New York...

New Jersey..
Pensylvania.,

Delaware.,..
Maryland....

> no

M' Elmer ay

M' Dayton no

M' Irvine ay

M*^ Meredith ay

M' Armstrong ay

M' Bingham ay

M'^Reid ay^

M*^ Kearny ay

M' Mitchell ay

M' Seney ay

M' Contee ay y ay

M' Ross ayj

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223

Virginia M^ Griffin ay'

M' Madison ay

M*" Carrington ay

M' Lee no

M*^ Brown ay

North Carolina... M'' Williamson ayl

M' Swann ayj

South Carolina. ..M' Huger no'

M' Parker no

M"' Tucker no

Georgia M' Few ay^

M' Baldwin ay^

So it passed in the Negative —

A motion was then made by M*" Carrington seconded by
M'' Bingham to amend the amendment by striking out the
words **New York in the state of New York/* and in lieu
thereof, inserting "Philadelphia and on the question to agree
to the Amendment to the amendment the Yeas & Nays
being required by M*^ Reid —
New Hampshire.. M*^ Gilman no

M*^ Wingate no

y no

]

Massachusetts

Rhode Island

Connecticut

M' Sedgewick no

M' Dane no

M*^ Otis no

M' Thatcher no

M' Hazard no

M' Arnold no

M' Huntington no'

M' Wadsworth no

M*^ Edwards ay

> no

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224

> no

New York M' UHommedieu...nol

M' Benson no

M' Hamilton no

M' Yates ...no

New Jersey M' Clark no'

M' Elmer ay

M' Dayton no

Pensylvania M' Irvine ay

M"^ Meredith ay

M*^ Armstrong ay

M*^ Bingham ay

M' Reid ay^

Delaware M"^ Kearny ay ^

M^ Mitchell :.ay^

Maryland M*^ Seney ay '

M' Contee ay

M' Ross ay^

Virginia M'' Griffin ay

M' Madison ay

M' Carrington ay

M' Lee no

M*^ Brown ay

North Carolina... M*^ Williamson ay"^

M' Swann ay^

South Carolina... M*^ Huger no'

M" Parker no > no

M"^ Tucker no

Georgia M"^ Few no^

M' Baldwin ay|

so it passed in the Negative —

A division was then called for and on the question to

0
Jay

^ ay

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225

ay—

fay

agree to the resolving clause the Yeas and Nays being

required by M^ Lee —

New Hampshire M' Gilman ay )

f 2ty
M^ Wingate ay)

Massachusetts . . , . M^ Sedge wick ay '

M' Dane ay

M'£)tis ay

M' Thatcher ay

Rhode Island M*^ Hazard ay

M' Arnold ay

Connecticut M' Huntington ay'

M' Wadsworth ay

M' Edwards ay

New York M*^ L'Hommedieu ...ay'

M' Benson ay

M' Hamilton ay

M' Yates ay

New Jersey M' Clark ay

M' Elmer ay

M' Dayton ay

Pensylvania M' Irvine no

M' Meredith no

M' Armstrong no

M' Bingham no

M' Reid no

Delaware M' Kearny no

M' Mitchpll no

Maryland M' Seney no'

M' Contee no

M' Ross no

3 AP. 15.

> no

^ no

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226

> no

Virginia M' Griffin no'

M' Madison ay

M*^ Carrington no

M' Lee ay

M^ Brown no

North Carolina M' Williamson no)

M' Swann no)

South Carolina M*^ Huger ay l

M' Parker ay } ay

M^ Tucker ay J

Georgia M*^ Few ay ^

M' Baldwin no

so it was resolved in the Affirmative —
On the question to agree to the preamble, the Yeas and
Nays being required by M' Irvine —
New Hampshire M^ Gilman ay^

M' Wingate ay^

Massachusetts M*^ Sedgewick ay

M' Dane ay

M' Otis ay

M' Thatcher ay

Rhode Island M' Hazard ay'

M' Arnold ay^

Connecticut M'' Huntington ay'

M' Wadsworth ay

M' Edwards no

New Yoi-k M"^ L'Hommedieu ...ay

M' Benson ay

M' Hamilton.. ay

M' Yates ay

> ay

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227

> no

New Jersey M' Clark ay'

M' Elmer no

M" Dayton ay

Pensylvania M' Irvine no

M' Meredith no

M" Armstrong no

M*^ Bingham no

M'Reid no

Delaware M' Kearny no")

M*^ Mitchell no)

Maryland M*^ Seney no'

M*^ Contee no

M*^ Ross no

Virginia M' Griffin no

M*^ Madison no

M' Carrington no > no

M' Lee ay

M"" Brown no

North Carolina ...M^ Williamson no")

M' Swann noj

South Carolina. ..M' Huger ay'

M' Parker ay

M^ Tucker ay

Georgia M' Few ay k

M' Baldwin no)

So it was resolved in the Affirmative —

div^

Resolved as the sense of this congress that any vote given

respecting

or which may be given ['^of stricken out] the said resolu-

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228

tions, by the delegate or delegates of any state which hath
not ratified the said constitution, shall in no wise be [** con-
sidered" stricken out] construed directly or indirectly to im-
ply either on their part or on the part of the states which
they represent an approbation of the constitution aforesaid
or of any part thereof or any manner or kind of obligation
on the part of any such state touching the same or the relin-
quishment of any right heretofore or now claimed or which
may be claimed by such state, and that all and singular the
rights of such state remain continue and are to all intents
and purposes in the same situation as if such delegates had
refrained from voting respecting the said resolutions.
Motion of M' Hamilton seconded by M' D
Whereas the Convention assembled at Phil in the Com :
of Pensyl did on the 17 of Sept last past resolve as the
opinion of that Convention that as soon as the Conventions
of 9 states sh** have ratified the Constitution then and there
agreed upon by the s^ Convention the US in Congress Ass:
sh^ fix a day on which electors should be appointed by the
states which sh"^ have ratified the same & a day on which the
electors sh** assemble to vote for the presid' & the time &
place for commencing proceedings under the s^ constitution
& whereas the US in C As hav^ rec"* the ratifications of the
s"^ Constitution by 1 1 states did on the 28 Ult & the 5 & 6
inst agree to the following resolutions to wit — And whereas
it does not appear that the states of R I & N C have [** not*'
stricken out] ratified the s** const: & whereas the delegates
of the s^ two states have voted upon certain parts of the s**
resolutions therefore Resolved &c as above
Motion by Delegates of NC to amend the motion by strik-
ing out in the preamble | it does not appear that the states

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229

of R I & N C have ratified the s*" Cons | & in lieu thereof to
insert "the convention of the state of N C is supposed now
be in session now to be in session & the state of R I has re-
jected the new constitution"

And in the resolving clause to strike out | the delegate
or delegates of any state which hath not ratified the s**
Const I & in lieu thereof to insert | the delegates of the
state of R I which state hath rejected the new Constit:

. [indorsement.]

Mot: M' Hamilton Aug. 7.

N H—

M—

C—

N Y—

NJ-

P—

D—

M—

V—

N—

S C. T

G— *

State

By the Delegates of the State of Rhode Island which hath
rejected the new Constitution.-}-

*From "Reports of Committees Relating to CoDgress, Presid't & Members" (No. 23,

P- 93)-

t From «* Reports of Committees Relating to Congress, Presid't & Members" (No. 23,
opp. p. 97).

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230

And whereas the Convention of the State of North Carolina
is supposed now to be in Session and the State of Rhode
Island has rejected the new Constitution*

Whereas the Convention [''then*' stricken out] assem-
bled at Philadelphia in the Commonwealth of Pensylvania
did on the 17th day of September [**in the ye'' stricken out]
last past resolve as the opinion of that Convention that as
soon as the Conventions of nine states should have ratified

said

the Constitution then and there agreed upon by the Conven-
tion [''aforesaid'* stricken out] the United States in Con-
gress assembled should fix a day on which electors should be
appointed by the states which should have ratified the same
and a day on which the electors should assemble to vote for
the President and the time and place for commencing pro-

[•• eleven" stricken out]

ceedings under the said constitution. And Whereas ["ten
states" stricken out] the [''Conventions of" stricken out]
United States in Congress assembled having ["been notified
of the" stricken out] received the ratifications of the said

did on the aS^h ulto & thef

Constitution by eleven States, ["have in conformity to the
resolution aforesaid passed an ordinance for the purposes

on the 5th 81 6th instant agree to the following resolutions to wit

aforesaid" stricken out]. And Whereas ["although the"

it docs not appear that the ANorih Carolina have

stricken out] ^states of Rhode Island & , ["hath not" stricken
out] ratified the said Constitution ["and it is not known that
the state of Rh North Carolina hath ratified the same"

& whereas said two States

Stricken out]; the Delegates of the .["two last mentioned

[" nevertheless " stricken out]

States in virtue of the ra" stricken out] have ["thought fit

certain parts of the said resolutions

to" stricken out] voted upon ["the said ordinances in virtue

A["in all questions" stricken out] taken in Congress

of the right of suffrage ^vested in them by the Articles of

* From " Reports of Committees Relating to Congress, Presid't & Members " (No. 23,

OPP- P- 97).

fThe final "the" in this interlineation is clearly unintentional.

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231

Confederation and perpetual Union*' stricken out] there-
fore

sense

Resolved as the [** opinion'' stricken out] of this Con-

or which may be given
thai any vole given a^ respecting ["any part or parts of" stricken out]

gress [**the conduct of the delegates of the said state of

+said resolutions by the Delegate or Delegates of any State which hath not ratified the said Constitution shall

N Rhode Island in voting concerning the said ordinance
can" stricken out] in no wise be construed directly or in-
directly to imply either on their part or on the part of the

Awhich they

States ^[** they'' stricken out] represent an approbation of

of any part thereof

the Constitution aforesaid or [**a relinquishment" stricken

[" in " stricken out] or kind any such

out] or any manner, of obligation on the part of [*' the said"

the

Stricken out] state touching the same or ['*any" stricken

heretofore or now

out] relinquishment of any right [**here^tofore enjoyed"
stricken out] claimed or which may be claimed by [**the said"

such

Stricken out] state ['*under the said Articles. &c" or other-

and

wise, but" stricken out] that [** every" stricken out] all and

such

singular the rights of [**the said" stricken out] state remain

[iilegiole word stricken out] /\ to all intents and purposes such

continue and are, in the same situation as if f^^the said"

L A

Stricken out] delegates had refrained from voting [*'on the
whole or any part of the said ordinance" stricken out] re-
specting the said resolutions

[indorsement.]

Motion of M' Hamilton

Aug 7. 1788

Withdrawn *

Tuesday Aug 12. i788f
Congress assembled present New hampshire Massachusetts
Connecticut New York Pensylvania Delaware Maryland Vir-

♦Frorn " Reports of Committees Relating to Congress, Presid't & Members" (No. 23, p. 345).
fFrom the "Rough" Journal of Congress (No. i, vol. 39).

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232

ginia, North Carolina South Carolina & Georgia & from
New Jersey M*^ Elmer

Wednesday Aug. 13. 1788

Congress assembled present as yesterday

The Order of the day beings called up for putting the

and being

constitution into operation, The act as amended [**was'*

Stricken out] read as follows,

Whereas the Convention Assembled in Philadelphia pur-
suant to the resolution of Congress of the 21'' Feb^ 1787,
did on the 1 7* of September in the same Year report to the
United States in Congress Assembled a Constitution for
the people of the United States — Whereupon Congress on
the 28* of the same September did resolve unanimously
that the said report with the resolutions & letter accompany-
ing the same be transmitted to the several legislatures in
order to be submitted to a convention of delegates chosen in
each state by the people thereof in conformity to the resolves
of the convention made & provided in that case ; and whereas
the constitution so reported by the convention & by Con-
gress transmitted to the several legislatures has been ratified
in the manner therein declared to be sufficient for the estab-
lishment of the same and such ratifications duly authenticated
have been received by Congress and are filed in the office of
the secretary, therefore resolved that the first Wednesday in
Jan^ next be the day for appointing electors in the several
states which before the said day shall have ratified the said
constitution ; that the first Wednesday in february next be
the day for the electors to assemble in their states and vote
for a president and that the first Wednesday in March next

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233

be the time for commencing proceedings under the said con-
stitution; and whereas a central situation would be most
eligible for the sitting of the legislature of the United States,
if such could be found in a condition to furnish in due time
the accommodations necessary for facilitating public business
and at the same time free of weighty objections which might
render it improper or unlikely to be the seat of government
either permanently or until a permanent seat can be agreed
on, and whereas the most effectual means of obtaining finally
the establishmeht of the federal government in a convenient
central situation is to leave the subject to the deliberate con-
sideration of the future Congress, uninfluenced by undue
attachment to any of the places which may stand in competi-
tion for preference on so interesting a question and unem-
barrassed by want of time and means to fix on and prepare ,
the most proper place for this purpose; and whereas the
removal of the public offices must be attendid with much
expence danger and inconvenience which ought not to be
incurred but with a well founded expectation of advantages
that may fully counterbalance the same, and whereas no such
advantages can be expected from a removal to any place
now in a condition to reicive the federal legislature and
whereas in addition to the before mentioned reasons unnec-
essary changes in the seat of government would be indicative
of instability in the national councils and therefore highly in-
jurious to the interests as well as derogatory to the dignity
of the United States therefore resolved that the city of New
York in the state of New York be the place for commencing
proceedings under the said constitution —

On the question to agree to the said act the yeas &
nays being required by M*" Sedgwick

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234

New Hampshire

M^ Oilman

ay^

^ rkxr

M*^ Wingate

ay)

Massachusetts

M*^ Sedgwick

ay^

M^ Dane

M' Otis

>ay

M' Thatcher

ay.

Connecticut

M"^ Huntington

ay 1

ay
ay)

M' Wadsworth

New York

M' UHommedieu

ay)

M' Hamilton

[ay
ay)

New Jersey

M^ Elmer

ay}X

Pensylvania

M' Irvine

no^

M' Meredith

► no

M' Armstrong

Delaware

M' Kearny

no)

v no

M"^ Mitchell

r llyJ

no)

Maryland

M' Seney

no"

M^ Contee

^ no

M^ Ross

no,

Virginia

M^ Griffin

no'

M' Madison

M' Carrington

^ no

M'Lee

ay.

South Carolina

M^ Huger

ay"

M*^ Parker

M*^ Tucker

ay.

Georgia

M' Few

^y|d^

M"^ Baldwin

no)

So the question was lost

An Ordinance was then moved by

M' Kearny seconded by

M"^ Contee, which was read in the words

following

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?35

An Ordinance for [**the'' stricken out] establishing the
times for appointing electors and chusing a president under
the new Constitution with the time and place for commenc-
ing proceedings under the said constitution agreeably to the
resolves of the convention assembled in Philadelphia, of the
J 7 Sept 1787

Whereas the convention assembled in Philadelphia pur-
suant to the resolution of Congress of the 21 of feb^ 1787
did on the 1 7 day of Sept in the same year report to the
United States in Congress assembled a constitution or form
of government for the people of the United States, where-
upon Congress on the 28 day of the same September did
resolve unanimously that the said report with the resolu-
tions & letter accompanying the same be transmitted to
the several legislatures in order to be submitted to a con-
vention of delegates chosen in each state by the people
thereof in conformity to the resolves of the convention
made and provided in that case and whereas the Constitu-
tion so reported by the convention and by Congress trans-
mitted to the several legislatures has been ratified in the
manner therein declared to be sufficient for the establish-
ment of the same and such ratifications duly authenticated
have been received by Congress and are filed in the
office of the secretary thereof, be it therefore Ordained by
the United States in Congress assembled that the first
Wednesday in Jan^ next be the day for appointing electors
in the several states which before the said day shall have
ratified the said constitution, that the first Wednesday
in feb^ next be the day for the electors to assemble in
their respective states and vote for a president and that the
first Wednesday in March next be the time & the

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236

place for commencing proceedings under the said constitu-
tion— Done &c

On the question shall this Ordinance be read a second
time the yeas & nays being required by M' Kearny
New Hampshire M*^ Oilman
M' Wingate

Massachusetts

Connecticut

New York

New Jersey
Pensylvania

Delaware
Maryland

Virginia

South Carolina

Georgia

M*^ Sedgwick

M' Dane

M^ Otis

M' Thatcher

M*^ Huntington

M' Wadsworth

M' L'Hommedieu

M' Hamilton

M' Elmer

M' Irvine

M' Meredith

M' Armstrong

M' Kearny

M' Mitchell

M' Seney

M' Contee

M' Ross

M^ Griffin

M*^ Madison

M^ Carrington

M^ Lee

M' Huger

M^ Parker

M' Few

M*^ Baldwin

no
no
no
no
no
no
no
no

"^Id-
ay)

ay}X

ay J

. ay

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237
So the question was lost

An Ordinance for the establishing the times for appoint-
ing Electors and chusing a President under the new Consti-
tution with the time and Place for commencing Proceed-
ings under the Said Constitution agreeably to the resolves
of the Convention assembled in Philad"" of the 17*^ of Sep-
tember 1787.

Whereas the Convention assembled in Philadelphia pursu-
ant to the resolution of Congress of the 21' of February 1787
did on the i f Day of September in the Same Year report to
the United States in Congress assembled a Constitution or
form of Government for the People . of the United States —
Whereupon Congress on the 28* Day of the Same Septemb.
did resolve unanimously that the Said report with the resolu-
tions and Letter accompanying the Same be transmitted to
the Several Legislatures in order to be submitted to a Con-
vention of Delegates chosen in each State by the People
thereof in conformity to the resolves of the Convention made
and provided in that Case*' and whereas the Constitution so
reported by the Convention and by Congress transmitted to
the Several Legislatures has been ratified in the manner
therein declared to be sufficient for the Establishment of the
Same and Such ratifications duly Authenticated have been
received by Congress and are filed in the office of the Sec-
retary thereof —

Be it therefore Ordained by the United States in Con-
gress Assembled, that the i*' Wednesday in January next be
the Day for appointing Electors in the Several States which

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238

before the Said Day shall have ratified the Said Constitution
That the i*^' Wednesday in February next be the Day for the
Electors to assemble in their respective States and vote for a
President, and that the first Wednesday in March next be the
time and the Place for commencing Proceedings under

the Said Constitution
Done &c

[indorsement.]

Ordinance — for commencing proceedings under the new
Constitution —

Kearny M' Contee

read, i*' time Aug' 13* 1788*

Whereas the Convention assembled in Philadelphia pur-
suant to the resolution of Congress of the 21*' February 1787
did on the 1 7* of September in the same year report to the

the people of

United States in Congress assembled a constitution for the
United States — Whereupon Congress on the 28'*" of the same
September did resolve unanimously *' That the said report
with the resolutions & letter accompanying the same be
transmitted to the several legislatures in order to be sub-
mitted to a Convention of Delegates chosen in each state by
the people thereof in conformity to the resolves of the Con-
vention made and provided in that case*' And whereas the
constitution so reported by the Convention & by Congress
transmitted to the several Legislatures has been ratified in
the manner therein declared to be sufficient for the establish-
ment of the same, & such ratifications duly authenticated

* From *' Reports of Committees Relating to Congress, Presid't & Members " (No. 23. p. 97).

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239

have been received by Congress and are filed in the office of
the Secretary therefore

Resolved That the first Wednesday in Jan^ next be the
day for appointing electors in the several states which before
the said day shall have ratified the said constitution ; that the
first Wednesday in feb^ next be the day for the electors to
assemble in their states and vote for a president and that the
first Wednesday in March next be the time for commencing
proceedings under the said constitution and whereas a central
situation would be most eligible for the sitting of the Legisla-
ture of the United States, if such could be found in a Con-
dition to furnish in due time the accommodations Necessary
for facilitating public business ; and at the same time free of
weighty objections which might render it improper or unlikely
to be the seat of Government either permanently or until a
permanent seat can be agreed on ; And whereas the most
effectual means ol obtaining finally the establishment of the
federal government in a convenient Central situation is, to
leave the Subject to the [** considerate" stricken out] delib-

Acousideration

erate^of the future Congress, uninfluenced by undue attach-
ment to any of the places which may stand in Competition
for preference on so interesting a question, and unembar-
rassed by want of time and means to fix on & prepare the
most pfoper place for this purpose; — and whereas the re-
moval of the public Offices must be attended with much
expence, danger and inconvenience, which ought not to be
incurred but with a well founded expectation of advantages
that may fully counterbalance the same — and whereas no
such advantages can be expected from a removal to any place
now in a Condition to receive the federal Legislature ; And
whereas in addition to the before mentioned reasons un-

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240

necessary changes in the seat of government would be indica-
tive of Instability in the National Councils, and therefore
highly injurious to the interests as well as derogatory to the
dignity of the United States — therefore Resolved that the
City of New York in the State of New York be the place for
commencing proceedings under the said Constitution

[indorsement.]

Act — as amended — for commencing proceedings under the

new Constitution —

Aug' 13*^ 1788—

Question taken & lost — ^*

Tuesday Aug 26 I788f

Congress assembled present Newhampshire Massachusetts,
Connecticut New York, New Jersey Pensylvania Delaware
Maryland Virginia North Carolina South Carolina & Georgia
A Motion being made by M*^ Sedgwick seconded by M^
Clark in the words following, —

Whereas the federal Convention assembled in Philadelphia,
pursuant to a resolution of Congress of the 21*' of Feb^ 1787,
did on the i j^ of September last report to the United States
in Congress Assembled, a form of Government : And whereas
the said form of Government hath been adopted in the man-
ner therein declared necessary for the ratification thereof,
and thereby become the Constitution of the States adopting
the same — Resolved that the city of New York in the State
of New York being the seat of the present federal Govern-
ment, be the place for commencing proceedings under the

♦From " Reports of Committees Relating to Congress, Prcsid't & Members" (No. 23, p. loi).
f From the "Rough" Journal of Congress (No. I, vol. 39).

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241

said constitution. Resolved that the first Wednesday in
January next be the day for appointing Electors in the
several States, which before that time shall have adopted the
said Constitution ; that the first Wednesday in Feb^ next be
the day for the said Electors to assemble in their respec-
tive States, & vote for a President; and that the first
Wednesday in march next be the time for commencing
proceedings under the Constitution aforesaid —

The first resolution being under debate a motion was
made by M*^ Kearny seconded by M' Mitchell to strike out
the words **the city of New York in the State of New York,
being the seat of the present federal Government,'* and in
lieu thereof to insert, **['town of stricken out] Wilmington
in the State of Delaware*' — And on the question to agree to
this Amendment, the Yeas & Nays being required by M'
Kearny —

M*^ Gilman no^

M' Wingate no^

Massachusetts . . . . M' Sedgwick ay '

M' Dane no [ no

M' Thatcher noj

Connecticut M' Huntington no '

[ no —

no
M' Wadsworth no

New York M' Hamilton.. ...... .no"

M' Gansevoort no

New Jersey M' Clark no

M' Dayton no

Pensylvania M' Irvine ay

M' Meredith ay

M*^ Bingham ay

M' Reid ay

3 AP 16.

:i
:!
1

> ay

Digitized by

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242

> no

:!i

Delaware M"^ Kearny ay '

M' Mitchell ay^

Maryland M*^ Seney ay*^

M' Ross ay^

Virginia M' Griffin ay'

M' Madison ay ^

M^ Carrington ay

South Carolina M' Huger no '

M' Parker no

M' Tucker no

Georgia M*^ Few no

M' Baldwin ay_

so the question was lost —

on the question to agree to the resolution as moved, the
Yeas and Nays being required by M^ Sedgwick
New Hampshire. .. M"" Gilman ay ^

M' Wingate ay

Massachusetts . . . . M"^ Sedgwick ay '

M" Dane ay >

M' Thatcher ay

Connecticut M^ Huntington ay'

M' Wadsworth ay !

New York M"^ Hamilton ay]

M^ Gansevoort ay)

New Jersey M' Clark ay'

M' Dayton ay^

Pensylvania M^ Irvine no

M' Meredith no

M' Bingham no

M'^Reid no.

> no

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243

Delaware M' Kearny no

M' Mitchell no

Maryland M' Seney no

M' Ross no

Virginia M' Griffin no

M*^ Madison no J^ no

M*^ Carrington no j

South Carolina... M' Huger. ay'

M^ Parker ay > ay

M' Tucker ay

Georgia M' Few ay"^

M' Baldwin noj

so the question was lost

Sedgwick Clark

Whereas the federal convention assembled in Philadel-
phia, pursuant to a resolution of congress of the 21*' of

feoruary

[*' September*' stricken out] 1787. did on the 17*** of Sep-
tember last, report to the U. S. in Congress assembled,
a form of Government. And whereas the said form of
Government hath been adopted ^in the manner therein
declared necessary for the ratification thereof, and thereby
become the constitution of the states so adopting the
same.

Resolved, that the city of N York, in the state of New
York, being the [** place for beginning*' stricken out] seat of
the present federal government be the place for commencing

said

proceedings under the constitution.

Resolved, that the first Wednesday in January next, be the

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244

day for appointing Electors in the several states, which be-
fore that time shall have adopted the said constitution ; that
the first Wednesday in february next be the day for the said
Electors to assemble in their respective states and vote for

a President ; and that the first Wednesday in march^be the
time for commencing proceedings under the constitution
aforesaid.

[indorsement.]

Motion —

M*^ Sedgwick —

respecting the New Constitution

Debated— Aug^ 26* 1788—*

Monday Sept. i 1788!
Congress assembled Present Massachusetts Connecticut

New Jersey

New York Pensylvania Delaware Maryland Virginia North
Carolina South Carolina & Georgia & from New hamp-
shire M^ Wingate [**& from New Jersey M' Clarke'* stricken
out].

Tuesday Sept'. 1788

assembled

Congress,^present as yesterday. —

A motion was made by M*^ Clark, seconded by M' Sedg-
wick in the words following — viz —

Whereas the Convention Assembled in Philadelphia pursuant
to the resolution of Congress of the 21*' of Feb^ 1787, did on
the 17'** day of September in the same Year report to the

* From " Reports of Committees Relating to Congress, Presid't & Members " (No. 23, p. 103).
I From the " Rough" Journal of Congress (No. I, vol. 39).

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245

United States in Congress Assembled a Constitution or
form of Government for the people of the United States —
whereupon Congress on the 28*^ of the same September did
resolve, unanimously, that the said Report with the resolu-
tions and letter accompanying the same be transmitted to the
several legislatures in order to be submitted to a Convention
of Delegates chosen in each State by the people thereof in
conformity to the resolves of the Convention made & pro-
vided in that case — And whereas the Constitution so re-
ported by the Convention, and by Congress transmitted to
the several legislatures has been ratified in the manner
therein declared to be sufficient for the establishment of the
same, and such ratifications duly authenticated have been re-
ceived by Congress and are filed in the office of the Secre-
tary thereof — therefore Resolved, that the first Wednesday
in Jan^ next be the day for appointing Electors in the several
States which before the said day shall have ratified the said
Constitution — that the first Wednesday in Feb^ next be the
day for the Electors to assemble in their respective States to
vote for a President and that the first Wednesday in March
next be the time and the seat of the federal Government at
that time, the place for commencing proceedings under the
said Constitution, ,

On the question to agree to this resolution the yeas & nays
being required by M'' Sedgwick
New Hampshire M*^ Wingate
Massachusetts M' Sedgwick

M' Dane

M*^ Thatcher
Connecticut — M' Huntington

M' Edwards

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Cay

)- no

> no

246

New York — M^ Hamilton

M' Gansevoort
New Jersey M*^ Clarke

M' Dayton
Pensylvania M*^ Irvine

M'^ Meredith

M' Bingham

M^ Reid
Delaware M*^ Kearny

M' Mitchell
Maryland M"" Seney

M^ Ross
Virginia M' Griffin

M' Madison

M*^ Carrington
South Carolina M' Huger

M-* Parker

M' Tucker
Georgia — M' Few ay —

M' Baldwin
So the question was lost

A motion was then made by M*^ Edwards seconded by M*^
Sedgwick in the words following

Whereas the convention assembled in Fhilad"" pursuant to the
resolution of Congress of the 21*' of feb^ 1787 did on the 17
day of Sept in the same year report to the United States in
Congress assembled a constitution or form of government for
the people of the United States Whereupon Congress on
the 28*^ day of the same Sepf^ did resolve unanimously that the
said report with the resolutions & letter accompanying the
same be transmitted to the several legislatures in order to be

ay
ay
ay
ay
no
no
no
no
no
no
no
no
no
no
no
ay
ay J^ ay

ay J

d^—

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247

submitted to a convention of delegates chosen in each state
by the people thereof in conformity to the resolves of the
Convention made & provided in that case And Whereas the
Constitution so reported by the Convention & by Congress
transmitted to the several legislatures has been ratified in
the manner therein declared to be sufficient for the establish-
ment of the same and such ratifications duly authenticated
have been received by Congress and are filed in the office
of the secretary thereof, therefore Resolved that the first
Wednesday in January next be the day for appointing
electors in the several states, .which before the said day
shall have ratified the said Constitution; that the first
Wednesday in february next be the day for the electors to
assemble in their respective States to vote for a president
and that the first Wednesday in March next be the time
for commencing proceedings under the said Constitution
A motion was made by M' [*'Bing" stricken out] Irvine sec-
onded by M*^ Bingham to amend the motion before the house
by inserting after the word **time'' the following words viz
**And that Lancaster be the place" And on the question to
agree to this amendment the yeas & nays being required by
M' Bingham

M' Sedgwick no^

M' Dane no

M' Thatcher ay J

M*^ Huntington no

M' Edwards ay

New York M' Hamilton no^

M' Gansevoort no^
New-Jersey M*^ Clarke no^

M' Dayton no^

Massachusetts

Connecticut

[**ay*' stricken out]
no

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Pensylvania M'

M'
M-
M-

Delaware M'

M-

Maryland M'

Virginia M'

M-
M'
M-

South Carolina M'
M'

Georgia .

,M'
M'

248

Irvine

Meredith

Bingham

Reid

Kearney

Mitchell

Seney

Ross

Griffin ay...

Madison

Carrington

Lee

Huger

Parker

Tucker

Few

Baldwin

ay
ay
ay
ay
ay
ay

ay,
ayl

ay J

► ay

> no

So [**it passed in'* stricken out] the question was lost

Whereas the Convention assembled in Philadelphia pur-
suant to the Resolution of Congress of the 21' of Febru^
1787, did on the 17* day of September in the same year re-
port to the United States in Congress Assembled a Con-
stitution or form of Government for the people of the
United States, — whereupon Congress on the 28' day of the
Same September did Resolve Unanimously, that the said
Report with the Resolutions & Letter accompanying the
same be transmitted to the several Legislatures in order to
be submitted to a Convention of Delegates chosen in each
State by the people thereof in conformity to the Resolves

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249

of the Convention made and provided in that case: — And
Whereas the Constitution so reported by the Convention,
and by Congress • transmitted to the several legislatures
has been ratified in the manner therein declared to be suffi-
cient for the establishment of the same, and such Ratifications
duly authenticated have been received by Congress and are
filed in the Office of the Secretary thereof, — therefore Re-
solved, that the first Wednesday in January next be the day
for appointing Electors in the several States which before
the said day shall have ratified the said Constitution ; that
the first Wednesday in February next be the day for the
Electors to assemble in their respective States to vote for a

President and that the first Wednesday in March next [*'be
the time [" then " stricken out]

the time, and the seat of the federal Government at that
time, the place'* stricken out] for commencing proceedings
under the said Constitution.

Motion —

[indorsement.]

M' Clark-
respecting Constitution-
Debated Sep' 2^ 1788*

Wednesday Sept 3. 1788!

Congress assembled, present Massachusetts Connecticut
[**New York'' stricken out] ; New Jersey Pensylvania, Dela-
ware Maryland Virginia North Carolina South Carolina &
Georgia & from New hampshire M*^ Wingate & from New
York M' Yates

♦From "Reports of Committees Relating to Congress, Presid't & Members" (No. 23, p. 109).
fFrom the "Rough" Journal of Congress (No. 1, vol. 39).

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250

The motion which was yesterday made by M"^ Edwards
seconded by M"^ Sedgwick being again moved & read
A motion was made by M*^ Seney seconded by M"^ Ross to

same thcciiyof in the State of Maryland

amend the by inserting the words **And that, Annapolis be the

place** immediately

after the words

'*be the time** And on

the question to agree to this Amendment the yeas & nays

being required by M' Seney

New Hampshire

M"^ Wingate

no}x

Massachusetts

M"^ Sedgwick

no")

M^ bane

no)

Connecticut

M' Huntington

no)

M' Edwards

no)

New York

M' Yates

no}x

New Jersey

M^ Clarke
M' Dayton

no)

y no
no)

Pensylvania

M^ Meredith •

ay^

M"" Armstrong

M' Bingham

M' Reid

no.

Delaware

M' Kearny

"°ld

M^ Mitchell

ay)

Maryland

M' Seney

ay)

M^ Ross

Virginia

M^ Griffin

no^

M' Madison

> no

M' Carrington

South Carolina

M' Huger

no^
no

M' Parker

' no

M^ Tucker

Georgia

M' Few

^yJH

M' Baldwin

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25^

So the question was lost. —

Thursday Sept 4. 1788

Congress assembled present Newhampshire Massachusetts
Connecticut, New York New Jersey Pensylvania Dela-
ware Maryland Virginia North Carolina South Carolina &
Georgia

The motion made by M"^ Edwards seconded by M"^ Sedg-
wick being again moved and read, a motion was made

Huger

by M*^ Tucker seconded by M*^ [*' Clarke** stricken out]
that the same be postponed in order to take up the fol-
lowing viz

Whereas after long deliberation on the subject of the new
Constitution so far as the agency of Congress is required to
give it effect, there appears to be a diversity of sentiment
with respect to the place for commencing proceedings under
the said Constitution, which may prevent a speedy and defi-
nite decision thereon ; — And whereas a farther delay of the
other essential parts of this business might be productive of
much national inconvenience, therefore resolved, that the first
Wednesday in Jan^ next be the time for appointing Electors
in the several States, which before the said day shall have
ratified the said Constitution; that the first Wednesday in
Feb^ next be the day for the Electors to assemble in their
respective States, & vote for a President, and that the first
Wednesday in March next be the time for commencing pro-
ceedings under the said Constitution, at such place as Con-
gress shall hereafter appoint, or failing such appointment, at

the which shall

[*'such** stricken out] place ['*as shall at the time** stricken

before

out] immediately [*' preceding** stricken out] the last men-
tioned day, be the seat of Congress — **

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252

On the question to postpone for the purpose above-
mentioned the yeas & nays being required by M^ Tucker
New Hampshire M"^ Oilman

M-^ Wingate
Massachusetts.... M"^ Dane

M' Thatcher
Connecticut M' Huntington

M' Edwards
New York M' Oansevoort

M' Yates
New Jersey M' Clarke

M"^ Dayton
Pensylvania M^ Irvine

M' Meredith

M' Bingham

M^ Reid
Delaware M' Kearny

M^ Mitchell
Maryland M" Seney

M' Ross
Virginia M^ Oriffin

M*^ Madison

M' Carrington

M"^ Lee
South Carolina... M"^ Huger

M^ Parker

M' Tucker
Oeorgia M"" Few

M^ Baldwin
So the question was lost
On the question to agree to the Motion of M*^ Edwards as

noj

ay J

I ay

> no

jdiv^

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253
entered on the journal of tuesday last the yeas and nays

Mf Oilman &

being, required by M' Huger

New Hampshire... M' Oilman
M' Wingate

Massachu setts.... M*" Dane

M^ Thatcher

Connecticut M' Huntington

M' Edwards

New York M' Gansevoort

M' Yates

New Jersey M^ Clarke

M' Dayton

Pensylvania M' Irvine

M' Meredith
M' Bingham
M^ Reid

Delaware M' Kearny

M' Mitchel

Maryland M' Seney

M' Ross

Virginia M^ Griffin

M' Madison
M^ Carrington
M^ Lee

South Carolina... M' Huger
M' Parker
M' Tucker

Georgia M' Few

M"" Baldwin

So the question was lost
* * H? *

ay
ay
ay
ay
ay

ay.

ay;
ay:

ay]

ay)

ay J

lay
lay

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254

fourth

That the [**last** stricken out] Wednesday [**save two"
stricken out] in Dec^ next be the Day for appointing
Electors in the several States of New Hamshire, Con-
necticutt, New Jersey, Delaware, Maryland & South Caro-
lina ; and that the same Day be the Day for appointing
Electors in the State of Rhode-Island provided said State

before

shall ['*by'* stricken out]^that Day have ratified said Con-
third
stitution; and that the ['* last*' stricken out] Wednesday

^ in sd Dec

[**save three" stricken out]^be the Day for appointing
Electors in the States of Massachusetts, Pennsylvania, &
Georgia; and that the same Day be ['* appointed" stricken
out] the Day for appointing Electors in the State of New

before

York provided that State shall [**by" stricken out]^that
Day have ratified s*^ Constitution ; and that the first Wednes-
day in s*^ December be the Day for appointing Electors in
the States of Virginia & [** North-Carolina" stricken out] and
that the same Day be the Day for appointing Electors ["in

in North-Carolina

s^ State" stricken out] provided s"^ State shall before that
Day have ratified s"* Constitution

[indorsement.]

Motion —

M' Edwards
for organizing Government — *

Whereas the Constitution proposed by the late general
Convention held in the City of Philadelphia has been ratified
in the manner therein declared to be sufficient for the Estab-
lishment of the same ;

*From •* Reports of Committees Relating to Congress, Presid't & Members" (No. 23, p. 337).

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255

And whereas the Ratifications of the several States are to
be considered as containing Virtual Authority, & Instructions

assembled

to their Delegates in Congress to make the preparatory Ar-

ihe United States ^

rangements recommended by the said Convention to be
made by Congress ;
Therefore resolv'd,

[indorsement.]

Tucker seconded by M' Huger to postpone the s** preamble
in order to take up the following viz

& on the question to postpone for the purpose above
mentioned the yeas & nays being required by M"^ Tucker*

Whereas after long Deliberation on the Subject of the
new Constitution, so far as the Agency of Congress is re-
quired to give it Effect, there appears to be ['*such'* stricken
out] a Diversity of Sentiment with respect to the place for
commencing Proceedings under the said Constitution [*'as''

which

stricken out]^may prevent a speedy & definite Decision
thereon ; — and whereas a farther Delay of the other essential
parts of this Business might be productive of much national
Inconvenience ; therefore resolved, That the first Wednesday
in January next be the Time for appointing Electors in the
several States, which before the said Day shall have ratified
the said Constitution ; that the first Wednesday in Febr y next
be the Day for the Electors to assemble in their respective
States & vote for a President, & that the first Wednesday in
March next be the Time for commencing Proceedings under

* From ** Reports of Committees Relating to Congress, Presid't & Members " (No. 23, p. 107).

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256

the said Constitution, at such place as Congress shall here-
after appoint, or, failing such Appointment, at such place as
shall, at the Time immediately preceding the last mentioned
Day, be the Seat of Congress.
Tucker Clark

[indorsement.]

Motion — M' Tucker— of new Constitution —

debated & lost —

Sep' 4!^ 1788*

Tuesday Sept 9. i788t

Newhampehire Massachusetts, Connecticut, New York, New Jersey Pensylvania Delaware, Virginia
N Carolina S Carolina & Georgia & from Rhode island M' Arnold

Congress assembled present [*'as yesterday together with
New Jersey" stricken out.]

Wednesday Sept 10. 1788

Congress assembled [** present*' stricken out] present as
yesterday.

Thursday Sept. 11. 1788.
Congress assembled present as before. —

Hs :ie :H 4: 4: ^ H:

x«th

Friday Sept. 1788

Congress assembled present as before

* From " Rqx>rts of Committees Relating to Congress, Presid't & Members" (No. 23, p. 349).
fFrom the "Rough" Journal of Congress (No. i, vol. 39).

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257

A • • • ilman —

A motion being made by M' Lee seconded by M"" G[*'anse-
voort" stricken out] in the words following

Whereas longer delay in executing the previous arrange-
ments necessary to put into operation the federal govern-
ment may produce national injury Resolved that the first
Wednesday in Jan^ next be the time for appointing electors
in the several states which before the said day shall have
ratified the said constitution and that the first Wednesday in

the

feb^ next be the day for [**appointing*' stricken out] electors
[*'in the several states'* stricken out] to assemble in their
respective states and vote for a president and that the first
Wednesday in March next be the time and the present seat
of Congress the place for commencing proceedings under
the said constitution

A motion was made by M' Carrington seconded by M'
Madison to amend the proposition by striking out the words
"And the present Seat of Congress be the place** and by
adding **And Whereas it is of great importance, that a gov-
ernment founded on the principles of conciliation & impartial

the

regard to the Interests and accommodation of several parts
of the Union should commence in a spirit corresponding with
these principles & under every circumstance calculated to
prevent Jealousies in one part of the Union, of undue

the

biass in public councils or measures towards another part,
and it is conceived that these desireable purposes will be
much favored by the appointment of some place for the
meeting of the new Government more central than the
present seat of Congress, and which will at the same time
be more likely to obviate disagreeable & injurious discus-
sions conerning the place most fit for the seat of federal

business until a permanent seat be established as provided
3AP 17.

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258

for by the new Constitution, Resolved that

be the

place for commencing proceedings under the new Consti-
tution—

One the question to agree to this amendment the Yeas
& Nays being required by M"^ Oilman —
New Hampshire M*^ Oilman no^

M' Wingate no '

Massachusetts M"^ Dane no '

M' Thatcher no^

Connecticut M' Huntington no '

M"" Wadsworth no .

M' Edwards ayj

New York M"^ Hamilton no^

M"^ Oansevoort no

New Jersey M' Clark no^

M"^ Dayton no^

Pensylvania M"^ Irvine ay 1

M' Meredith ay } ay —

M"^ Reid ayj

Delaware M' Kearney ay "^

M*^ Mitchell ay|

Virginia M' Oriffin ay

M' Madison ay

M"" Carrington ^ay

M' Lee no.

South Carolina... M*^ Huger nol

M"^ Parker no J^ no

M"" Tucker noj

Oeorgia M' Few no "^

M*^ Baldwin ay)

so the question was lost — >

div^

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259

A motion was then made by M' Kearny seconded by
M' Mitchell to strike out the words **[*and that the first
Wednesday of March next be the time/ stricken out] and
the present seat of Congress the place [*for commencing
proceedings under the new Constitution' stricken out]" —
and on the question shall these words stand — the Yeas and
Nays being required by M^ Mitchell —

New Hampshire M' Oilman ay'

M*^ Wingate ay

Massachusetts . . . . M' Dane ay

M' Thatcher ay

Connecticut M' Huntington ay^

M"^ Wadsworth ay

M' Edwards ay

New York M' Hamilton ay^

M' Ganse voort ay j

New Jersey M' Clark ay

M"^ Dayton ay

Pensylvania M*" Irvine ay

M' Meredith ay

M"^ Armstrong ay

M' Reid no^

Delaware M"^ Kearny no ")

M' Mitchell no)

Virginia M' Griffin ay

M' Madison ay

M"^ Carrington ay

M"^ Lee ay.

South Carolina ... M^ Huger ay

M' Parker ay

M' Tucker ay

I ay

^ ay

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Cay—

260

Georgia M' Few ay^

M' Baldwin ay

so it was resolved in the Affirmative —

The motion being then amended to read as follows —
Whereas the convention Assembled in Philadelphia pursuant
to the resolution of Congress of the 21*' Feb^ 1787, did on
the 17* of Sep' in the same year, report to the United States
in Congress Assembled a constitution for the people of the
United States. Whereupon Congress on the 28*** of the same
September did resolve unanimously, **that the said report
with the resolutions and letter accompanying the same, be
transmitted to the several legislatures in order to be sub-
mitted to a Convention of Delegates chosen in each State
by the people thereof, in conformity to the Resolves of
the Convention made & provided in that case :" And
whereas the Constitution so reported by the Convention,
and by Congress transmitted to the several legislatures,
has been ratified in the manner therein declared to be
sufficient for the establishment of the same, & such ratifi-
cations duly authenticated have been received by Congress,
and are filed in the Office of the Secretary, therefore
Resolved, that the first Wednesday in January next be
the day for appointing Electors in the several States,
which before the said day shall have ratified the said Con-
stitution : that the first Wednesday in Feb^ next be the day
for the Electors to assemble in their respective States, and
vote for a President, and that the first Wednesday in march
next be the time, and the present seat of Congress the
place for commencing proceedings under the said Consti-
tution.—

When the question was about to be put the determination

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26l

thereof was postponed till to-morrow by the State of Dela-
ware—

[**And*' stricken out] Whereas from the great Diversity
of Sentiment prevailing in Congress relative to the Place

r^for the Commencement of proceedings under the" stricken out] new Federal Legislature

p* where the Said Government'* stricken out] should first con-
vene for the transaction of the public Business, The organ-
ization of the Said System of Governm' as far as the Agency
of Congress has been required thereto has met with undue
procrastination by which high inconveniences must accrue to
the Union at large and much Dissatisfaction and Discon-
tend derived to the Good People of the United States. —
And Whereas, [**from the continued" stricken out] the

unhappy but

same Cause of Delay stile exists and there is little apparent
likelihood that such Accommodation will result as to gain
the Assent of the United States in Cong Assembled to any
Place for the Meeting of the s^ Government — And whereas
Nevertheless it is of the highest importance to the Welfare
of the Union [**and'' stricken out] that such steps be pur-
sued by Congress as will tend as far as in their Power lies to
promote [**the great End*' stricken out] the Measures re-
commended to their [** Attention" stricken out] by the late
Federal ^ Convention. Therefore Resolved that the first
Wednesd &c —

and that the first Wednesday in March next be the time
[**and such" stricken out] for commencing Proceedings
under the Said Constitution at such Place as Congress shall
hereafter appoint
M' Kearny Mitchel to

Therefore resolved that the first Wednesday in January

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262

nex be the time for the appointing Electors under the Said
Constitution That the

Motion —

[indorsement.]

M' Kearny —
respecting Constitution —

Sep' 12* 1788—*

ayj

ay)

Jay

Saturday Sept 13. i788f
Congress assembled present New hampshire Massachu-
setts Connecticut New York New Jersey Pensylvania
Virginia North Carolina South Carolina & Georgia & from
Rhodeisland M"^ Arnold & from Delaware M*^ Kearny

On the question to agree to the proposition which was
yesterday postponed by the state of Delaware the yeas &
nays being required by M' Oilman
New Hampshire M^ Oilman

M' Wingate
Massachusetts . . . . M' Dane

M*^ Thatcher
Connecticut M' Huntington

M' Wadsworth
New York M' Hamilton

M^ Gansevoort
New Jersey M"" Clarke

M' Dayton
Pensylvania M"^ Irvine ay

M' Meredith ay

M"^ Armstrong ay

M' Reid ayj

^ay

* From "Reports of Committees Relating to Congress, Presid't & Members" (No. 23, p. III).
fFrom the "Rough" Journal of Congress (No. I, vol. 39).

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r ^y

ay)

• fay
ay)

263

Virginia M' Griffin ay

M' Madison ay

M' Carrington ay

M' Lee ay

South Carolina . . . M' Parker ay

[ ay

M*^ Tucker ay

Georgia M"^ Few

M"^ Baldwin

So it was resolved as follows

Whereas the Convention assembled in Philadelphia pur-
suant to the resolution of Congress of the 21*' of Feb^ 1787
did on the 1 7* of Sept in the same year report to the United
States in Congress assembled a constitution for the people of
the United States, Whereupon Congress on the 28 of the
same Sept did resolve unanimously **That the said report
with the resolutions & letter accompanying the same be
transmitted to the several legislatures in order to be sub-
mitted to a convention of Delegates chosen in each state by
the people thereof in conformity to the resolves of the con-
vention made and provided in that case** And whereas the
constitution so reported by the Convention and by Congress
transmitted to the several legislatures has been ratified in
the manner therein declared to be sufficient for the estab-
lishment of the same and such ratifications duly authenti-
cated have been received by Congress and are filed in the
Office of the Secretary therefore Resolved That the first
Wednesday in Jan^ next be the day for appointing Electors
in the several states, which before the said day shall have
ratified the said Constitution ; that the first Wednesday in
feb^ next be the day for the electors to assemble in their
respective states and vote for a president; And that the

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264

first Wednesday in March next be the time and the present
seat of Congress the place for commencing proceedings
under the said constitution —

nr^HE Committee consisting of Mr. Carrington, Mr. Ed-
■^ wards, Mr. Baldwin, Mr. Otis, and Mr. Tucker, to
whom were referred the Ratifications of the New Constitu-
tion which have been transmitted to Congress by the several
ratifying States, Report as follows :

Resolved, That w [original mutilated] eas the Federal
[mutilatedjed in Philadelphia pursuant to the Resolution of
C[mutilated] of the 21st of February, 1787, did on the 17th
of September, in the same year, report to the United States
in Congress assembled, in the words following, viz. **We the
People, &c.** — Whereupon Congress on the 28th of the
same September, did resolve unanimously, **That the said
Report, with the Resolutions and Letter accompanying the
same, be transmitted to the several Legislatures, in order to
be submitted to a Convention of Delegates chosen in each
State, by the People thereof, in conformity to the Resolves
of the Convention made and provided in that case.'* And
whereas the States of New-Hamp[mutilated] Massachusetts,
Connecticut, New-[mutilated] Pennsylvani[mutilated] have
duly [mutilated] by the several Ratifications of the said
States returned to Congress, and filed in the Office of the
Secretary; and it is expedient that Proceedings do com-
mence thereon as early as may be ; therefore. Resolved, That

Jany

the first Wednesday in ['* December" stricken out] next be
the day for appointing Electors in the several States which

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265

shall

["have, or shall" stricken out] before the said day, have
ratified the said Constitution; that the first Wednesday in

Fcby

["January" stricken out] next be the day for the Electors to
assemble in their respective States and vote for a President ;

March

and that the first Wednesday in ["February" stricken out]
next be the time ; ["and the town of Baltimore in Mary-
land the place" stricken out] for commencing proceed-
ings under the said Constitution.

[indorsement.]

N^53
Report —

M'' Carrington

M' Edwards

M' Baldwin

M' Otis

M"^ Tucker —
for commencing proceedings under the Constitution —

Passed Sep' 13'^ 1788—
Motions enclosed — *

♦From "Reports of Committees Relating to Congress, Presid't & Members" (No. 23, p. 329).

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State of North-Carolina.

IN CONVENTION, AUGUST i, 1788.

Resolved, That a Declaration of Rights, asserting and se-
curing from encroachment the great Principles of civil an/1
religious Liberty, and the unalienable Rights of the People,
together with Amendments to the most ambiguous and ex-
ceptional Parts of the said Constitution of Government, ought
to be laid before Congress, and the Convention of the States
that shall or may be called for the Purpose of Amending the
said Constitution, for their consideration, previous to the
Ratification, of the Constitution aforesaid, on the part of
the State of North Carolina.

DECLARATION OF RIGHTS.

1st That there are certain natural rights of which men,
when they form a social compact, cannot deprive or divest
their posterity, among which are the enjoyment of life, and
liberty, with the means of acquiring, possessing and protect-
ing property, and pursuing and obtaining happiness and
safety.

2d. That all power is naturally vested in, and conse-
quently derived from the people ; that magistrates therefore
are their trustees, and agents, and at all times amenable to
them.

3d. That Government ought to be instituted for the com-
mon benefit, protection and security of the people; and that

the doctrine of non-resistance against arbitrary power and

266

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oppression is absurd, slavish, and destructive to the good
and happiness of mankind.

4th That no man or set of men are entitled to exclusive
or separate public emoluments or privileges from the commu-
nity, but in consideration of public services ; which not being
descendible, neither ought the offices of magistrate, legislator
or judge, or any other public office to be hereditary.

5th. That the legislative, executive and judiciary powers
of government should be separate and distinct, and that the
members of the two first may be restrained from oppression
by, feeling and participating the public burthens, they should
at fixed periods be reduced to a private station, return into
the mass of the people; and the vacancies be supplied by
certain and regular elections ; in which all or any part of the
former members to be eligible or ineligible, as the rules of
the Constitution of Government, and the laws shall direct.

6th. That elections of Representatives in the legislature
ought to be free and frequent, and all men having sufficient
evidence of permanent common interest with, and attachment
to the community, ought to have the right of suffi'age: and no
aid, charge, tax or fee can be set, rated, or levied upon the
people without their own consent, or that of their represent-
atives, so elected, nor can they be bound by any law, to which
they have not in like manner assented for the public good.

7th. That all power of suspending laws, or the execution
of laws by any authority without the consent of the repre-
sentatives, of the people in the Legislature, is injurious to
their rights, and ought not to be exercised.

8th. That in all capital and criminal prosecutions, a man
hath a right to demand the cause and nature of his accusation,
to be confronted with the accusers and witnesses, to call for

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evidence and be allowed counsel in his favor,- and to a fair
and speedy trial by an impartial jury of his vicinage, without
whose unanimous consent he cannot be found guilty (except
in the government of the land and naval forces) nor can he
be compelled to give evidence against himself.

9th That no freeman ought to be taken, imprisoned, or
disseized of his freehold, liberties, privileges or franchises, or
outlawed or exiled, or in any manner destroyed or deprived
of his life, liberty, or property but by the law of the land.

loth. That every freeman restrained of his liberty is en-
titled to a remedy to inquire into the lawfulness thereof, and
to remove the same, if unlawful, and that such remedy ought
not to be denied nor delayed.

nth. That in controversies respecting property, and in
suits between man and man, the ancient trial by jury is one
of the greatest securities to the rights of the people, and
ought to remain sacred and inviolable.

1 2th. That every freeman ought to find a certain remedy
by recourse to the laws for all injuries and wrongs he may
receive in his person, property, or character. He ought to
obtain right and justice freely without sale, completely and
without denial, promptly and without delay, and that all es-
tablishments, or regulations contravening these rights, are
oppressive and unjnst.

13th. That excessive bail ought not to be required, nor
excessive fines imposed, nor cruel and unusual punishments
inflicted,

14. That every freeman has a right to be secure from all
unreasonable searches, and seizures of his person, his papers,
and property: all warrants therefore to search suspected
places, or seize any freeman, his papers or property, without

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information upon oath (or affirmation of a person religiously
scrupulous of taking an oath) of legal and sufficient cause,
are grievous and oppressive, and all general warrants to
search suspected places, or to apprehend any suspected per-
son without specially naming or describing the place or per-
son, are dangerous and ought not to be granted.

1 5ih. That the people have a right peaceably to assemble
together to consult for the common good, or to instruct their
representatives ; and that every freeman has a right to peti-
tion or apply to the Legislature for redress of grievances.

1 6th. That the people have a right to freedom of speech,
and of writing and publishing their sentiments; that the
freedom of the press is one of the greatest bulwarks of Lib-
erty, and ought not to be violated.

17th. That the people have a right to keep and bear
arms ; that a well regulated militia composed of the body of
the people, trained to arms, is the proper, natural and safe
defence of a free state. That standing armies in time of
peace are dangerous to Liberty, and therefore ought to be
avoided, as far as the circumstances and protection of the
community will admit; and that in all cases, the military
should be under strict subordination to, and governed by
the civil power.

1 8th. That no soldier in time of peace ought to be quar-
tered in any house without the consent of the owner, and in
time of war in such manner only as the Laws direct

19th. That any person religiously scrupulous of bearing
arms ought to be exempted upon payment of an equivalent
to employ another to bear arms in his stead.

10. That religion, or the duty which we owe to our Cre-
ator, and the manner of discharging it, can be directed only

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by reason and conviction, not by force or violence, and there-
fore all men have an equal, natural and unalienable right to
the free exercise of religion according to the dictates of con-
science, and that no particular religious sect or society ought
to be favoured or established by law in preference to others.

Amendments to the Constitution.

I. T^HAT each state in the union shall, respectively,

-^ retain every power, jurisdiction and right, which
is not by this constitution delegated to the Congress of the
United States, or to the departments of the Federal Govern-
ment.

II. That there shall be one representative for every
30.000, according to the enumeration or census, mentioned
in the constitution, until the whole number of represent-
atives'amounts to two hundred; after which, that uumber
shall be continued or increased, as Congress shall direct,
upon the principles fixed in the constitution, by apportion-
ing the representatives of each state to some greater num-
ber of people from time to time, as population encreases.

III. When Congress shall lay direct taxes or excises, they
shall immediately inform the executive power of each state,
of the quota of such State, according to the census herein
directed, which is proposed to be thereby raised : And if the
legislature of any state shall pass a law, which shall be
effectual for raising such quota at the time required by Con-
gress, the taxes and excises laid by Congress shall not be
collected in such state.

IV. That the members of the senate and house of repre-
sentatives shall be ineligible to, and incapable of holding any

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civil office under the authority of the United States, during
the time for which they shall, respectively, be elected.

V. That the journals of the proceedings of the senate and
house of representatives shall be published at least once in
every year, except such parts thereof relating to treaties, alli-
ances, or military operations, as in their judgment require
secrecy.

VI. That a regular statement and account of the receipts
and expenditures of the public money shall be published at
least once in every year.

VII. That no commercial treaty shall be ratified without
the concurrence of two-thirds of the whole number of the
members of the Senate : And no treaty, ceding, contracting,
or restraining or suspending the territorial rights or claims of
the United States, or any of them or their, or any of their
rights or claims to fishing in the American seas, or navi-
gating the American rivers shall be made, but in cases
of the most urgent and extreme necessity; nor shall any
such treaty be ratified without the concurrence of three-
fourths of the whole number of the members of both houses
respectively.

VIII. That no navigation law, or law regulating commerce
shall be passed without the consent of two-thirds of the mem-
bers present in both houses.

IX That no standing army or regular troops shall be
raised or kept up in time of peace, without the consent of two
thirds of the members present in both houses,

X. That no soldier shall be enlisted for any longer term
than four years, except in time of war, and then for no longer
term than the continuance of the war

XI. That each state, respectively, shall have the power to

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provide for organizing, arming and disciplining its own militia
whensoever Congress shall omit or neglect to provide for the
same. That the militia shall not be subject to martial law,
except when in actual service in time of war, invasion or re-
bellion : And when not in the actual service of the United
States, shall be subject only to such fines, penalties, and pun-
ishments as shall be directed or inflicted by the laws of its
own state.

XII. That Congress shall not declare any state to be in
rebellion without the consent of at least two-thirds of all the
members present of both houses.

XIII. That the exclusive power of Legislation given to
Congress over the federal town and its adjacent district, and
other places, purchased or to be purchased by Congress, of
any of the states, shall extend only to such regulations as
respect the police and good government thereof.

XIV. That no person shall be capable of being president
of the United States for more than eight years in any term
of sixteen years.

XV. That the judicial power of the United States shall be
vested in one supreme court, and in such courts of admiralty
as Congress may from time to time ordain and establish in
any of the different states. The judicial power shall extend
to all cases in law and equity, arising under treaties made, or
which shall be made under the authority of the United States ;
to all cases affecting ambassadors, other foreign ministers and
consuls ; to all cases of admiralty, and maritime jurisdiction ;
to controversies to which the United States shall be a party ;
to controversies between two or more states, and between
parties claiming lands under the grants of different states.
In all cases affecting ambassadors, other foreign ministers

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and consuls, and those in which a state shall be a party ; the
supreme court shall have original jurisdiction, in all other
cases before mentioned ; the supreme court shall have appel-
ate jurisdiction as to matters of law only, except in cases of
equity, and of admiralty and maritime jurisdiction, in which
the supreme court shall have appelate jurisdiction both as to
law and fact, with such exceptions, and under such regulations
as the Congress shall make. But the judicial power of the
United States shall extend to no case where the cause of
action shall have originated before the ratification of this
constitution, except in disputes between states about their
territory ; disputes between persons claiming lands under
the grants of different states, and suits for debts due to the
united states.

XVI That in criminal prosecutions, no man shall be re-
strained in the exercise of the usual and accustomed right of
challenging or excepting to the jury.

XVII. .That Congress shall not alter, modify, or interfere
in the times, places, or manner of holding elections for sena-
tors and representatives, or either of them, except when the
legislature of any state shall neglect, refuse or be disabled by
invasion or rebellion, to prescribe the same.

XVIII. That those clauses which declare that Congress
shall not exercise certain powers, be not interpreted in any
manner whatsoever to extend the powers of Congress ; but
that they be construed either as making exceptions to the
specified powers where this shall be the case, or otherwise,
as inserted merely for greater caution.

XIX That the laws ascertaining the compensation of sen-
ators and representatives for their services be posponed in

their operation, until after the election of representatives
3 AP 1 8.

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immediately succeeding the passing thereof, that excepted,
which shall first be passed on the subject,

XX. That some tribunal, other than the senate, be pro-
vided for trying impeachments of senators.

XXI That the salary of a judge shall not be increased or
diminished during his continuance in office, otherwise than
by general regulations of salary which may take place, on a
revision of the subject at stated periods of not less than seven
years, to commence from the time such salaries shall be first
ascertained by Congress.

XXII. That Congress erect no company of merchants
with exclusive advantages of commerce.

XXIII. That no treaties which shall be direcriy opposed to
the existing laws of the United States in Congress assembled,
shall be valid until such laws shall be repealed, or made con-
formable to such treaty ; nor shall any treaty be valid which
is contradictory to the constitution of the United States.

XXIV. That the latter part of the fifth paragraph of the
9th section of the first article be altered to read thus, — Nor
shall vessels bound to a particular state be obliged to enter
or pay duties in any other; nor when bound from any one of
the States be obliged to clear in another.

XXV. That Congress shall not directly or indirecdy,
either by themselves or thro* the judiciary, interfere with any
one of the states in the redemption of paper money already
emitted and now in circulation, or in liquidating and dis-
charging the public securities of any one of the states:
But each and every state shall have the exclusive right of
making such laws and regulations for the above purposes as
they shall think proper.

XXVI That Congress shall not introduce foreign troops

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into the United States without the consent of two-thirds of
the members present of both houses.

Sam Johnston President,
By order

J Hunt Secretary

[indorsement.]
Proceedings of the Convention of the State of North-Carolina.

Received September 13* 1788-

Enter'd — page 167(^179-

Fayette Ville, State of North Carolina
4'** of December 1 789
Sir

By order of the Convention of the people of this State, I
have the Honor to transmit to you the Ratification and Adop-
tion of the Constitution of the United States by the said
Convention in behalf of the People

With Sentiments of the highest Consideration and Re-
spect, I have the Honor to be Sir

Your most faithfuU and

Obedient Servant

Sam Johnston
President of the Convention
The President of the United States

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[indorsement.]

N** Carolina

Letter Decf 4*** 1789 — from Sam* Johnston Esq' President of
the Convention of the State of North Carolina — transmit-
ting the form of the Adoption & Ratification of the
Constitution of the United States by said State. —

Filed in this office Jan^ 1 2^ 1 790

State of North Carolina

In Convention Whereas The General Convention which
met in Philadelphia in pursuance of a recommendation
of Congress, did recommend to the Citizens of the
United States a Constitution or form of Government
in the following words Viz\

We the People of the United States, In order to form
a more perfect Union, establish Justice, insure domestic
Tranquility, provide for the common Defence, promote the
general Welfare and secure the Blessings of Liberty to
ourselves and our Posterity, do ordain and establish this
Constitution for the United States of America. Art i"
Sect r' All legislative powers herein granted shall be
vested in a Congress of the United States which shall consist
of a Senate and House of Representatives. Sect. 2 The
House of Representatives shall be composed of members
chosen every second year by the people of the several
states, and the electors in each state shall have the quali-
fications requisite for electors of the most numerous branch

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of the state legislature. No person shall be a representa-
tive who shall not have attained to the age of Twenty five
years, and been seven years a Citizen of the United States,
and who shall not when elected, be an inhabitant of that
State in which he shall be chosen. Representatives and di-
rect taxes shall be apportioned among the several states
which may be included within this Union, according to their
respective numbers, which shall be determined by adding to
the whole number of free persons, including those bound to
service for a term of Years, and excluding Indians not taxed,
three fifths of all other persons. The actual enumeration
shall be made within three years after the first meeting of the
Congress of the United States, and within every subsequent
term of ten years, in such manner as they shall by law direct.
The number of representatives shall not exceed one for
every thirty thousand, but each state shall have at least one
representative; and until such enumeration shall be made,
the State of New Hampshire shall be entitled to chuse
three, Massachusetts eight, Rhode Island and Providence
Plantations one, Connecticut five. New York six, New Jersey
four, Pensylvania eight, Delaware one, Maryland six, Vir-
ginia ten. North Carolina five. South Carolina five, and
Georgia three. When vacancies happen in the representa-
tion from any State, The Executive authority thereof shall
issue writs of election to fill such vacancies. The House of
Representatives shall chuse their Speaker and other officers ;
and shall have the sole power of impeachment. Sect. 3.
The Senate of the United States shall be composed of two
senators from each State, chosen by the legislature thereof,
for six years; and each senator shall have one vote. Im-
mediately after they shall be assembled in consequence of

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the first election, they shall be divided as equally as may be
into three Classes. The seats of the senators of the first
class shall be vacated at the expiration of the second year, of
the second class at the expiration of the fourth year, and
of the third class at the expiration of the sixth year, so that
one third may be chosen every second year ; and if vacancies
happen by resignation, or otherwise, during the recess of
the legislature of any State, the Executive thereof may make
temporary appointments until the next meeting of the legis-
lature, which shall then fill such vacancies. No person shall
be a senator who shall not have attained to the age of thirty
years, and been nine years a citizen of the United States, and
who shall not, when elected, be an inhabitant of that State
for which he shall be chosen. The Vice-President of the
United States shall be President of the senate, but shall have
no vote, unless they be equally divided. The Senate shall
chuse their other officers, and also a President pro tempore,
in the absence of the Vice-President, or when he shall exer-
cise the office of President of the United States. The Senate
shall have the sole power to try all impeachments. When
sitting for that purpose they shall be on oath or affirmation.
When the President of the United States is tried, the Chief
Justice shall preside: And no person shall be convicted
without the concurrence of two thirds of the members pres-
ent. Judgment in cases of impeachment shall not extend
further than to removal from office, and disqualification to
hold and enjoy any office of honor, trust or profit under the
United States; but the party convicted shall nevertheless be
liable and subject to indictment, trial, judgment and punish-
ment, according to law. Sect. 4. The times, places and
manner of holding elections for senators and representa-

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tives, shall be prescribed in each State by the legislature
thereof: but the Congress may at any time by law make or
alter such regulations, except as to the places of chusing
Senators. The Congress shall assemble at least once in
every year, and such meeting shall be on the first monday
in December, unless they shall by law appoint a different
day. Sect. 5. Each House shall be the judge of the elec-
tions, returns and qualifications of its own members, and a
majority of each shall constitute a quorum to do business;
but a smaller number may adjourn from day to day, and may
be authorized to compel the attendance of absent members
in such manner, and under such penalties as each House
may provide. Each House may determine the rules of its
proceedings, punish its members for disorderly behavior,
and with the concurrence of two thirds, expel a member.
Each house shall keep a journal of its proceedings, and from
time to time publish the same, excepting such parts as may

secrecy

in their judgment require ; and the yeas and nays of the
members of either house on any question shall, at the desire
of one fifth of those present, be entered on the journal.
Neither house during the session of Congress, shall with-
out the consent of the other, adjourn for more than three
days, nor to any other place than that in which the two
houses shall be sitting. Sect. 6. The senators and repre-
sentatives shall receive a compensation for their services,
to be ascertained by law, and paid out of the treasury of
the United States, They shall in all cases, except treason,
felony and breach of the peace, be privileged from arrest
during their attendance at the session of their of their re-
spective houses, and in going to and returning from the
same; and for any speech or debate in either house, they

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shall not be questioned in any other place. No , senator
or representative shall, during the time for which he was
elected, be appointed to any civil office under the authority
of the United States, which shall have been created, or the
emoluments whereof shall have been encreased during such
time; and no person holding any office under the United
States, shall be a member of either house during his con-
tinuance in office. Sect. 7. All bills for raising revenue
shall originate in the house of representatives ; but the Sen-
ate may propose or concur with amendments as on other
bills. Every bill which shall have passed the house of repre-
sentatives and the senate shall, before it become a law be
presented to the President of the United States ; if he ap-
prove he shall sign it, but if not he shall return it, with his
objections to that house in which it shall have originated,
who shall enter the objections at large on their Journal, and
proceed to reconsider it. If after such reconsideration two
thirds of that house shall agree to pass the bill, it shall be
sent, together with the objections, to the other house, by
which it shall likewise be reconsidered, and if approved by
two thirds of that house it shall become a law. But in all
such cases the votes of both houses shall be determined by
yeas and nays, and the names of the persons voting for and
against the bill shall be entered on the journals of each house
respectively. If any bill shall not be returned by the Presi-
dent within ten days (Sundays excepted) after it shall have
been presented to him, the same shall be a law, in like man-
ner as if he had signed it, unless the Congress by their
adjournment prevent its return, in which case it shall not
be a law. Every order, resolution, or vote to which the con-
currence of the Senate and House of Representatives may

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be necessary (except on a question of adjournment) shall
be presented to the President of the United States ; and be-
fore the same shall take effect, shall be approved by him,
or, being disapproved by him, shall be re-passed by two-
thirds of the Senate and House of Representatives accord-
ing to the rules and limitations prescribed in the case of
a bill. Sect. 8. The Congress shall have power. To lay
and collect taxes, duties, imposts and excises, to pay the
debts and provide for the common defence and general
welfare of the United States ; but all duties, imposts and ex-
cises shall be uniform throughout the United States: To
borrow money on the credit of the United States: To reg-
ulate commerce with foreign nations, and among the several
states, and with the Indian tribes : To establish an uniform
rule of naturalization, and uniform laws on the subject
of bankruptcies throughout the United States: To coin
money, regulate the value thereof, and of foreign coin, and
fix the standard of weights and measures: To provide for
the punishment of counterfeiting the securities and current
coin of the United States : To establish post offices and post
roads : To promote the progress of science and useful arts,
by securing for limited times to authors and inventors the
exclusive right to their respective writings and discoveries:
To constitute tribunals inferior to the supreme court: To
define and punish piracies and felonies committed on the
high seas, and offences against the law of nations : To de-
clare war, grant letters of marque and reprizal, and make
rules concerning captures on land and water: To raise and
support armies, but no appropriation of money to that use
shall be for a longer term than two years : To provide and
maintain a navy: To make rules for the government and

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regulation of the land and naval forces: To provide for
calling forth the militia to execute the laws of the Union,
suppress insurrections and repel invasions: To provide for
organizing, arming, and disciplining the militia, and for gov-
erning such part of them as may be employed in the service
of the United States, reserving to the States respectively, the
appointment of the officers, and the authority of training the
militia according to the discipline prescribed by Congress
To exercise exclusive legislation in all cases whatsover,
over such district (not exceeding ten miles square) as may
by cession of particular States, and the acceptance of Con-
gress, become the seat of the Government of the United
States, and to exercise like authority over all places pur-
chased by the consent of the legislature of the State in
which the same shall be, for the erection of forts, maga-
zines, arsenals, dock-yards, and other needful buildings: —
And To make all laws which shall be necessary and
proper for carrying into execution the foregoing powers,
and all other powers vested by this Constitution in the Gov-
ernment of the United States, or in any department or officer
thereof. Sect. 9. The migration or importation of such
persons as any of the States now existing shall think proper
to admit, shall not be prohibited by the Congress prior to
the year one thousand eight hundred and eight, but a tax or
duty may be imposed on such importation, not exceeding
ten dollars for each person. The privilege of the writ of
habeas corpus shall not be suspended, unless when in cases
of rebellion or invasion the public safety may require it.
No bill of attainder or ex post facto law shall be passed.
No capitation, or other direct, tax shall be laid, unless in
proportion to the census or enumeration herein before di-

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rected to be taken. No tax or duty shall be laid on articles
exported from any State. No preference shall be given by
any regulation of commerce or revenue to the ports of one
State over those of another: nor shall vessels bound to, or
from, one State, beT3bliged to enter, clear, or pay duties in
another. No money shall be drawn from the treasury, but
in consequence of appropriations made by law ; and a reg-
ular statement and account of the receipts and expenditures
of all public money shall be published from time to time.
No title of nobility shall be granted by the United States:
And no person holding any office of profit or trust under
them, shall, without the consent of the Congress, accept of
any present, emolument, office, or title, of any kind what-
ever, from any King, Prince, or foreign State. Sect. lo.
No State shall enter into any treaty, alliance, or confedera-
tion; grant letters of marque and reprisal; coin money;
emit bills of credit ; make any thing but gold and silver coin
a tender in payment of debts ; pass any bill of attainder, ex
post facto law, or law impairing the obligations of contracts,
or grant any title of nobility. No State shall, without the

the

consent of^Congress, lay any imposts or duties on imports
or exports, except what may be absolutely necessary for
executing its inspection laws; and the net produce of all
duties and imposts laid by any State on imports or exports,
shall be for the use of the Treasury of the United States ;
and all such laws shall be subject to the revision and controul
of the Congress, No State shall, without the consent of
Congress, lay any duty of tonnage, keep troops, or Ships
of war in time of peace, enter into any any agreement or
compact with another State, or with a foreign power, or en-
gage in war, unless actually invaded, or in such imminent

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danger as will not admit of delay Article 2. Sect. i.
The executive power shall be vested in a President of the
United States of America. He shall hold his office during
the term of four years, and together with the Vice-Presi-
dent, chosen for the same term, be 'elected as follows:
Each State shall appoint, in such manner as the legislature
thereof may direct, a number of electors, equal to the whole
number of Senators and Representatives to which the State
may be entitled in the Congress: but no Senator or Rep-
resentative, or person holding an office of trust or profit
under the United States, shall be appointed an elector.
The electors shall meet in their respective States, and vote
by ballot for two persons, of whom one at least shall not be
an inhabitant of the same State with themselves. And they
shall make a list of all the persons voted for, and of the
number of votes for each; which list they shall sign and
certify, and transmit sealed to the seat of the Government
of the United States, directed to the President of the Senate.
The President of the Senate shall, in the presence of the Sen-
ate and House of Representatives, open all the certificates,
and the votes shall then be counted. The person having
the greatest number of votes shall be the President, if such
number be a majority of the whole number of electors
appointed ; and if there be more than one who have such
majority, and have an equal number of votes, then the
House of Representatives shall immediately chuse by ballot
one of them for President; and if no person have a majority,
then from the five highest on the list the said House shall
in like manner chuse the President. But in chusing the
President, the votes shall be taken by States, the represen-
tation from each State having one vote ; a quorum for this

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purpose shall consist of a member or members from two
thirds of the States, and a majority of all the States shall be
necessary to a choice. In every case, after, the choice of the
President, the person having the greatest number of votes
of the electors shall be the Vice-President But if there
should remain two or more who have equal votes, the Senate
shall chuse from them by ballot the Vice-President. The
Congress may determine the time of chusing the electors,
and the day on which they shall give their votes; which
day shall be the same throughout the United States. No
Person except a natural born citizen, or a citizen of the
United States, at the time of the adoption of this consti-
tution, shall be eligible to the office of President; neither
shall any person be eligible to that office who shall not have
attained to the age of thirty five years, and been fourteen
years a resident within the United States. In case of the
removal of the President from office, or of his death, resig-
nation, or inability to discharge the powers and duties of the
said Office, the same shall devolve on the Vice-President, and
the Congress may by law provide for the case of removal,
death, resignation, or inability, both of the President and
Vice-President, declaring what officer shall then act as Presi-
dent, and such officer shall act accordingly, until the disa-
ability be removed, or a President shall be elected. The
President shall, at stated times receive for his services, a
compensation, which shall neither be encreased nor dimin-
ished during the period for which he shall have been elected,
and he shall not receive within that period any other emolu-
ment from the United States, or any of them, before he
enter on the execution of his office, he shall take the follow-
ing oath or affirmation : **I do solemnly swear (or affirm) that

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**1 will faithfully execute the office of President of the United
** States, and will to the best of my ability, preserve, protect
**and defend the Constitution of the United States." Sect.
2. The President shall be commander in chief of the army
and navy of the United States, and of the militia of the sev-

thc ^ ^ '

eral States, when called into actual service of the United
States ; he may require the opinion in writing, of the prin-
cipal officer in each of the executive departments, upon any
subject relating to the duties of their respective offices, and
he shall have power to grant reprieves and pardons for
offences against the United States, except in cases of im-
peachment. He shall have power, by and with the advice
and consent of the Senate, to make treaties, provided two
thirds of the Senators present concur; and he shall nomi-
nate, and by and with the advice and consent of the Senate,
shall appoint ambassadors, other public ministers and con-
suls, judges of the supreme court, and all other officers of
the United States, whose appointments are not herein other-
wise provided for, and which shall be established by law.
But the Congress may by law vest the appointment of such
inferior officers, as they think proper in the president alone,
in the courts of law, or in the heads of departments. The
President shall have power to fill up all vacancies that may
happen during the recess of the Senate, by granting com-
missions which shall expire at the end of their next Ses-
sion. Sect. 3. He shall from time to time give to the
Congress information of the state of the Union, and recom-
mend to their consideration such measures as he shall judge
necessary and expedient; he may, on extraordinary occa-
sions, convene both houses, or either of them, and in case of
disagreement between them, with respect to the time of ad-

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journment, he may adjourn them to such time as he shall
think proper; he shall receive ambassadors and other public
ministers ; he shall take care that the laws be faithfully exe-
cuted, and shall commission all the officers of the United
States. Sect. 4. The President, Vice-President and all
civil officers of the United States shall be removed from
office on impeachment for, and conviction of, treason, brib-
ery, or other high crimes and misdemeanors Article, 3.
Sect. I. The judicial power of the United States, shall be
vested in one supreme court, and in such inferior courts as
the Congress may from time to time ordain and establish.
The Judges, both of the supreme and inferior court, shall
hold their offices during good behavior, and shall, at stated
times, receive for their services, a compensation, which shall
not be diminished during their continuance in office. Sect.
2. The Judicial power shall extend to all cases in law and
equity, arising under this Constitution, the laws of the United
States, and treaties made, or which shall be made, under
their authority ; to all cases affecting ambassadors, other pub-
lic ministers and consuls; to all cases pf admiralty and mari-
time jurisdiction ; to controversies to which the United States
shall be a party ; to controversies between two or more
States, between a State and citizens of another State, be-
tween citizens of different States, between citizens of the
same State claiming lands under grants of different States,
and between a State, or the citizens thereof, and foreign
States, citizens or subjects. In all cases affecting ambassa-
dors, other public ministers and consuls, and those in which
a State shall be party, the Supreme Court shall have original

the

jurisdiction. In all^other cases before mentioned, the Su-
preme Court shall have appellate jurisdiction, both as to law

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and fact, with such exceptions, and under such regulations
as the Congress shall make The trial of all crimes, except
in cases of impeachment, shall be by jury; and such trial
shall be held in the State where the said crimes shall have
been committed ; but when not committed within any State,
the trial shall be at such place or places as the Congress
may by law have directed. Sect. 3. Treason against the
United States, shall consist only in levying war against them,
or in adhering to their enemies, giving them aid and comfort.
No person shall be convicted of treason unless on the testi-
mony of two witnesses to the same overt act, or on confes-
sion in open court. The Congress shall have power to de-
clare the punishment of treason, but no attainder of treason
shall work corruption of blood, or forfieture, except during
the life of the person attainted. Article 4. Sect. i. Full
faith and credit shall be given in each State to the public
acts, records and judicial proceedings of every other State.
And the Congress may by general laws prescribe the man-
ner in which such acts, records and proceedings shall be
proved, and the effect thereof. Sect. 2. The citizens of
each State shall be entitled to all privileges and immunities
of citizens in the several states. A person charged in any
State with treason, felony, or other crime, who shall flee
from justice, and be found in another State, shall, on demand
of the executive authority of the State from which he fled, be
delivered up, to be removed to the State having jurisdiction
of the crime. No person held to service or labour in one
State, under the laws thereof, escaping into another, shall, in
consequence of any law or regulation therein, be discharged
from such service or labour, but shall be delivered up on
claim of the party to whom such service or labour may be

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due. Sect. 3. New States may be admitted by the Con-
gress into this union ; but no new State shall be formed or
erected within the jurisdiction of any other State; nor any
State to be formed by the junction of two or more States,
or parts of States, without the consent of the legislatures of
the States concerned as well as of the Congress. The Con-
gress shall have power to dispose of and make all needful
rules and regulations respecting the territory or other prop-
erty belonging to the United States; and nothing in this
Constitution shall be so construed as to prejudice any claims
of the United States, or of any particular State. Sect. 4.
The United States shall guarantee to every State in this
union a Republican form of Government, and shall protect
each of them against invasion; and on application of the
legislature, or of the executive (when the legislature cannot
be convened) against domestic violence. Article, 5. The
Congress, whenever two thirds of both houses shall deem it
necessary, shall propose amendments to this constitution, or,
on the application of the legislatures of two thirds of the
several States, shall call a convention for proposing amend-
ments, w|^ich in either case, shall be valid to all intents and
purposes as part of this constitution, when ratified by the
legislatures of three fourths of the several States, or by con-
ventions in three fourths thereof, as the one or the other
mode of ratification may be proposed by the Congress:
Provided, that no amendment which may be made prior to
the year one thousand eight hundred and eight shall in any
manner affect the first and fourth clauses in the, ninth section
of the first article; and that no State without its consent
shall be deprived of its equal suffrage in the Senate. Ar-
ticle 6. All debts contracted and engagements entered into,
3 AP 19.

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before the adoption of this constitution, shall be as valid
against the United States under this constitution, as under
the confederation. This constitution, and the laws of the
United States which shall be made in pursuance thereof;
and all treaties made, or which shall be made, under the
authority of the United States, shall be the supreme law of
the land; and the judges in every State shall be bound
thereby, any thing in the constitution or laws of any State to
the contrary notwithstanding. The Senators and represent-
atives before mentioned, and the members of the several
State legislatures, and all executive and judicial officers both
of the United States and of the several States, shall be
bound by oath or affirmation, to support this constitution;
but no religious test shall ever be required as a qualification
to any office or public trust under the United States. Ar-
ticle 7. The ratification of the conventions of nine States,
shall be sufficient for the establishment of this constitution
between the States so ratifying the same.

Resolved, that this Convention in behalf of the freemen,
citizens and inhabitants of the State of North Carolina, do
adopt and ratify the said Constitution and form of Govern-
ment. Done in Convention this 21 day of November 1789.

Sam Johnston, President of the
Convention

> Secretaries
James Taylor]

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Rhode Island,

Newport June 9* 1 790
Sir,

I had on the 29* Ulto the Satisfaction of addressing you
after the Ratification of the Constitution of the United States
of America by the Convention of this State. I have now the
Honor of Inclosing the Ratification as then agreed upon by
the Convention of the People of this State ; the Legislature
is now in Session in this Town, an Appointment of Senators
will undoubtedly take place in the present Week, and from
what appears to be the sense of the Legislature, it may be
expected that the Gentlemen who may be appointed will Im-
mediately proceed to take their seats in the Senate of the
United States.

I have the Honor to be with great Respect, Sir,

Your obed' humble Servant

Daniel Owen Pres'
President of the United States

[indorsement.]

Rhode Island

Letter June 9^** 1790 — from Daniel Owen Esq' President of

the Convention of the State of Rhode Island — transmitting

the adoption and ratification of the Constitution of the United

States by said State. —

Rec** from the President of the U: States — ^June 16*** 1790 —

291

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We the People of the United States, in order to
form a more more perfect Union, establish Jus-
tice, insure domestic Tranquillity, provide for the
[seal.] common Defence, promote the general Welfare,
and secure Blessings of Liberty to ourselves and
our Posterity, do ordain and establish this Con-
stitution for the United States of America.

Article i.

Sect. I. All legislative powers herein granted shall be
vested in a Congress of the United States, which shall con-
sist of a Senate and House of Representatives.
Sect. 2. The House of Representatives shall be composed
of members chosen every second year by the people of
the several states, and the electors in each State shall
have the qualifications requisite for electors of the most
numerous branch of the state legislature.

No person shall be a Representative who shall not have
attained to the age of twenty five years, and been seven
years a citizen of the United States, and who shall not,
when elected, be an inhabitant of that state in which he shall
be chosen.

Representatives and direct taxes shall be apportioned
among the several states which may be included within this
Union, according to their respective numbers, which shall be
determined by adding to the whole number of free persons,
including those bound to service for a term of years, and
excluding Indians not taxed, three fifths of all other Persons.
The actual enumeration shall be made within three years
after the first meeting of the Congress of the United States,
and within every subsequent term of ten years, in such man-

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ner as they shall bylaw direct. The number of Representa-
tives shall not exceed one for every thirty thousand, but each
state shall have at least one Representative ; and until such
enumeration shall be made, the state of New Hampshire shall
be entitled to chuse three, Massachusetts eight, Rhode Island
and Providence Plantations one, Connecticut five, New- York
six, New-Jersey four, Pennsylvania eight, Delaware one,
Mary-land six, Virginia ten, North-Carolina five, South-Caro-
lina five and Georgia three.

When vacancies happen in the representation from any
state, the executive authority thereof shall issue writts of elec-
tion to fill such vacancies.

The House of Representatives shall chuse their Speaker
and other officers ; and shall have the sole power of impeach-
ment.

Sect. 3. The Senate of the United States shall be composed
of two Senators from each state, chosen by the legislature
thereof, for six years; and each Senator shall have one
vote.

Immediately after they shall be assembled in conse-
quence of the first election, they shall be divided as equally
as may be into three classes. The seats of the Senators
of the first class shall be vacated at the expiration of the
second year, of the second class at the expiration of the fourth
year, and of the third class at the expiration of the sixth
year, so that one-third may be chosen every second year;
and if vacancies happen by resignation, or otherwise, dur-
ing the recess of the legislature of any state, the exec-
utive thereof may make temporary appointments until the
next meeting of the legislature, which shall then fill such
vacancies.

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No person shall be a Senator who shall not have attained
to the age of thirty years, and been nine years a citizen of
the United States, and who shall not when elected, be an
Inhabitant of that state for which he shall be chosen.

The Vice President of the United States shall be Presi-
dent of the Senate, and shall have no vote, unless they be
equally divided.

The Senate shall chuse their other Officers, and also a
President, pro tempore, in the absence of the Vice President,
or when he shall exercise the Office of President of the
United States.

The Senate shall have the sole power to try all impeach-
ments. When sitting for that purpose, they shall be on oath
or affirmation. When the President of the United States
is tried the Chief Justice shall preside: And no person shall
be convicted without the concurrence of two thirds of the
Members present.

Judgment in Cases of Impeachment shall not extend fur-
ther than to removal from office, and disqualification to hold
and enjoy any office of honor, trust or profit under the
United States; but the party convicted shall nevertheless be
liable and subject to indictment, trial, judgment and pun-
ishment, according to law.

Sect. 4. The times, places, and manner of holding elections
for Senators and Representatives, shall be prescribed in each
state by the legislature thereof: But the Congress may at
any time by Law make and alter such regulations except as
to the places of chusing Senators.

The Congress shall assemble at least once in every year,
and such meeting shall be on the first Monday of December,
unless they shall by law appoint a different day.

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Sect 5. Each House shall be the Judge of the elections,
returns and qualifications of its own Members, and a majority
of each shall constitute a quorum to do business; but a

smaller number may adjourn from day to day, and may^au-
thorized to compel the attendance of absent members, in
such manner, and under such penalties as each house may
provide.

Each House may determine the rules of its proceedings,
punish it's members for disorderly behaviour, and, with the
concurrence of two-thirds, expel a member.

Each House shall keep a journal of its proceedings, and
from time to time publish the same, excepting such parts as
may in their judgment require secrecy ; and the yeas and nays
of the members of either House on any question, shall, at
the desire of the one fifth part of those present, be entered
on journal.

Neither House, during the session of Congress, shall
without the consent of the other, adjourn for more than three
days, nor to any other place than that in which the two
Houses shall be sitting.

Sect. 6. The Senators and Representatives shall receive a
compensation for their services, to be ascertained by law,
and paid out of the treasury of the United States. They
shall in all cases, except treason, felony, and breach of the
peace, be privileged from arrest during their attendance
at the session of their respective Houses, and in going to
and returning from the same; and for any speech or de-
bate in either House, they shall not be questioned in any
other place.

No Senator or Representative shall, during the time for
which he was elected, be appointed to any civil office under

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the authority of the United States, which shall have been
created, or the emoluments whereof shall have been encreased
during such time ; and no person holding any Office under
the United States, shall be a member of either House during
his continuance in office*

Sect. 7. All bills for raising revenue shall originate in the
House of Representatives ; but the Senate may propose or
concur with amendments as on other bills.

Every bill which shall have passed the House of Repre-
sentatives and the Senate, shall, before it becomes a law, be
presented to the President of the United States ; if he ap-
prove he shall sign it, but if not he shall return it, with his
objections to that House in which it shall have originated, who
shall enter the objections at large on their journal, and pro- '
ceed to reconsider it. If after such reconsideration two-thirds
of that House shall agree to pass the bill, it shall be sent, to-
gether with the objections, to the other House, by which it
shall likewise be reconsidered, and if approved by two thirds
of that House, it shall become a law.

But in all such cases the votes of both Houses shall be deter-
mined by yeas and nays, and the names of the persons voting
for and against the bill shall be entered on the journal of
each House respectively. If any bill shall not be returned
by the President within ten days (Sundays excepted) after
it shall have been presented to him, the same shall be a
law, in like manner as if he had signed it, unless the Con-
gress by their adjournment prevent it's return, in which case
it shall not be a la^.

Every order, resolution or vote to which the concurrence
of the Senate and House of Representatives may be neces-
sary (except on a question of adjournment) shall be pre-

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sented to the President of the United States; and before
the same shall take effect, shall be approved by him, or be-
ing disapproved by him, shall be re-passed by two-thirds of
the Senate and House of Representatives, according to the
rules and limitations prescribed in the case of a bill.
Sect. 8. The Congress shall have power

To lay and collect taxes, duties, imposts and excises, to
pay the debts and provide for the common defence and
general welfare of the United States ; but all duties, im-
posts and excises shall be uniform throughout the United
States :

To borrow Money on the credit of the United States :

To regulate commerce with foreign nations, and among
the several states, and with the Indian tribes.

To establish an uniform rule of naturalization, and uniform
laws on the subject of bankruptcies throughout the United
States:

To coin money, regulate tlie value thereof, and of foreign
coin, and fix the standard of weights and measures :

To provide for the punishment of counterfeiting the secu-
rities and current coin of the United States:

To establish post offices and post-roads :

To promote the progress of science and useful arts,
by securing for limited times to authors and inventors
the exclusive right to their respective writings and discov-
eries :

To constitute tribunals inferior to the Supreme Court:

To define and punish piracies and felonies committed on
the high seas, and offences against the law of nations :

To declare war, grant letters of marque and reprisal, and
make rules concerning captures on land and water:

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To raise and support armies, but no appropriation of
money to that use shall be for a longer term than two
years :

To provide and maintain a navy:

To make rules for the government and regulation of
the land and naval forces :

To provide for the calling forth the militia to execute
the laws of the union, suppress insurrections and repel inva-
sions :

To provide for organizing, arming and disciplining the
militia, and for governing such part of them as may be em-
ployed in the service of the United States, reserving to the
States respectively, the appointment of the officers, and the
authority of training the militia according to the discipline
prescribed by Congress:

To exercise exclusive legislation in all cases whatsoever,
over such district (not exceeding ten miles square) as may
by cession of particular states* and the acceptance of Con-
gress, become the seat of the government of the United
States, and to exercise the like authority over all places
purchased by the consent of the legislature of the State in
which the same shall be, for the erection of forts, magazines,
arsenals, dock-yards, and other needful buildings : And

To make all laws which shall be necessary and proper
for carrying into execution the foregoing powers, and all
other powers vested by this constitution in the govern-
ment of the United States, or in any department or officer
thereof.

Sect. 9. The migration or importation of such persons as
any of the states now existing shall think proper to admit,
shall not be prohibited by the Congress prior to the year

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one thousand eight hundred and eight, but a tax or duty
may be imposed on such, importation, not exceeding ten dol-
lars for each person.

The privilege of the writ of habeas corpus shall not be
suspended, unless when is cases of rebellion or invasion the
public safety may require it.

No bill of attainder or ex post facto law shall be passed.

No capitation or other direct tax shall be laid, unless
in proportion to the census or enumeration herein before
directed to be taken.

No tax or duty shall be laid on articles exported from
any state. No preference shall be given by any regulation of
commerce or revenue to the ports of one State over those
of another; nor shall vessels bound to, or from, one state,
be obliged to enter, clear, or pay duties in another.

No money shall be drawn from the treasury, but in co-
sequence of appropriations made by law; and a regular
statement and account of the receipts and expenditures of all
public money shall be published from time to time.

No title of nobility shall be granted by the United States :
And no person holding any office of profit or trust under
them, shall, without the consent of the Congress, accept of
any present, emolument, office, or title of any kind what-
ever, from any king, prince or foreign state.
Sect ID. No ^tate shall enter into any treaty, alliance or
confederation ; grant letters of marque and reprisal ; coin
money ; emit bills of credit ; make any thing but gold and
silver coin a tender in payment of debts; pass any bill of
attainder, ex post facto law, or law impairing the obligation
of contracts, or grant any title of nobility.

No state shall, without the consent of Congress, lay any

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imposts or duties on imports or exports, except what may
be absolutely necessary for executing its inspection laws ; and
the net produce of all duties and imposts, laid by any state
on imports or exports, shall be for the use of the treasury of
the United States ; and all such laws shall be subject to the
revision and controul of the Congress. No state shall, with-
out the consent of Congress, lay any duty of tonnage, keep
troops, or ships of war in time of peace, enter into any agree-
ment or compact with another state, or with a foreign power,
or engage in war, unless actually invaded, or in such immi-
nent danger as will not admit of delay.

Article 2.

Sect. I. The executive power shall be vested in a Presi-
dent of the United States of America. He shall hold his
office during the term of four years, and together with the
Vice-President, chosen for the same term, be elected as
follows :

Each state shall appoint, in such manner as the leg-
islature thereof may direct, a number of electors, equal
to the whole number of Senators and Representatives to
which the state may be entitled in the Congress: but no
Senator or Representative, or person holding an office of
trust or profit under the United States, shall be appointed
an elector.

The electors shall met in their respective states, and
vote by ballot for two persons, of whom one at least shall
not be an inhabitant of the same state with themselves.
And they shall make a list of all the persons voted for, and of
the number of votes for each; which list they shall sign and

the

certify, and transmit, sealed to the seat of^government of

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the United States, directed to the President of the Senate.
The President of the Senate shall, in the presence of the
Senate and House of Representatives, open all the certifi-
cates, and the votes shall then be counted. The Person
having the greatest number of votes shall be the President, if
such Number be a majority of the whole number of electors
appointed ; and if there be more than one who have such
majority, and have an equal number of votes, then the House
of Representatives shall immediately chuse by ballot one of
them for President; and if no person have a majority, then
from the five highest on the list the said House shall in like
manner chuse the President. But in chusing the President,
the votes shall be taken by states, the representation from
each state having one vote ; a quorum for this purpose shall
consist of a member or members from two thirds of the
states, and a majority of all the states shall be necessary
to a choice. In every case, after the choice of the Presi-
dent, the person having the greatest number of votes of the
electors shall be the Vice-President. But if there should re-
main two or more who have equal votes, the Senate shall
chuse from them by ballot the Vice-President.

The Congress may determine the time of chusing the
electors, and the day on which they shall give their votes ;
which day shall be the same throughout the United States.

No Person except a natural born citizen, or a citizen of
the United States, at the time of the adoption of this consti-
tution, shall be eligible to the office of President; neither
shall any person be eligible to that office who shall not have
attained to the age of thirty-five years, and been fourteen
years a resident within the United States.

In case of the removal of the President from office, or of

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his death, resignation, or inability to discharge the powers and
duties of the said office, the same shall devolve on the Vice-
President, and the Congress may by law provide for the
case of removal, death, resignation, or inability, both of the
President and Vice-President, declaring what officer shall
then act as President, and such officer shall act accordingly,
until the disability be removed, or a President shall be
elected.

The President shall, at stated times, receive for his
services, a compensation, which shall neither be encreased
nor diminished during the period for which he shall have
been elected, and he shall not receive within that period
any other emolument from the United States, or any of
them.

Before he enter on the execution of his office, he shall
take the following oath or affirmation :

**I do solemnly swear (or affirm) that I will faithfully exe-
**cute the office of President of the United States, and will to
**the best of my ability, preserve, protect and defend the
** constitution of the United States.*'

Sect. 2. The President shall be commander in chief of the
army and navy of the United States, and of the militia
of the several States, when called into the actual service of
the United States ; he may require the opinion, in writing,
of the principal officer in each of the executive depart-
ments, upon any subject relating to the duties of their re-
spective offices, and he shall have power to grant reprieves
and pardons for offences against the United States, except
in cases of impeachment.

He shall have power, by and with the advice and consent
of the Senate, to make treaties, provided two-thirds of the

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Senators present concur; and he shall nominate, and by and
with the advice and consent of the Senate, shall appoint
Ambassadors, other public ministers and consuls, judges oi
the supreme court, and all other officers of the United
States, whose appointments are not herein otherwise pro-
vided for, and which shall be established by law. But the
Congress may by law vest the appointment of such inferior
officers, as they think proper, in the President alone, in the
courts of law, or in the heads of departments.

The President shall have power to fill up all vacancies
that may happen during the recess of the Senate, by grant-
ing commissions which shall expire at the end of their next
session.

Sect. 3. He shall from time to time give to the Congress in-
formation of the state of the Union, and recommend to their
consideration such measures as he shall judge necessary^
and expedient; he may on extraordinary occasions, convene
both houses, or either of them, and in case of disagreement
between them, with respect to the time of adjournment,
he may adjourn them to such time as he shall think proper;
he shall receive ambassadors and other public ministers ; he
shall take care thiat the laws be faithfully executed, and shall
commission all officers of the United States.
Sect. 4. The President, Vice-President and all civil officers of
the United States shall be removed from office on impeach-
ment for, and conviction of, treason, bribery, or other high
crimes and misdemeanors.

Article 3.

Sect I. The Judicial power of the United States, shall be
vested in one Supreme Court, and in such inferior courts

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as the Congress may from time to times ordiin and estab-
lish. The judges, both of the Supreme and Inferior Court,
shall hold their offices during good behaviour, and shall, at
stated times, receive for their services, a compensation,
which shall not be diminished during their continuance in
office.

Sect. 2. The judicial power shall extend to all cases, in law
and equity, arising under this constitution, the laws of the
United States, and treaties made, or which shall be made,
under their authority; to all cases affecting ambassadors,
other public ministers, and consuls ; to all cases of admiralty
and maritime jurisdiction ; to controversies to which the
United States shall be a party ; to controversies between two
or more, states, between a state and citizens of another state,
between citizens of different states, between citizens of the
. ^same state claiming lands under grants of different states,
and between a state, or the citizens thereof, and foreign
states, citizens or subjects.

In all cases affecting ambassadors, other public ministers
and consuls, and those in which a state shall be a party, the

In all the other Cases before mentioned, the Supreme Court shall have appellate Jurisdiction

Supreme Court shall have original jurisdiction both as to
law and fact, with such exceptions, and under such regula-
tions as the Congress shall make.

The trial of all crimes, except in cases of impeachment,
shall be by jury; and such trial shall be held in the state
where the said crimes shall have been committed ; but
when not committed within any state, the trial shall be at
such place or places as the Congress may by law have di-
rected.

Sect. 3. Treason against the United States, shall consist only
in levying war against them, or in adhering to their enemies,

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giving them aid and comfort. No person shall be convicted
of treason unless on the testimony of two witnesses to the
same overt act, or on confession in open Court.

The Congress shall have power to declare the punishment
of treason, but no attainder of treason shall work corruption
of blood, or forfeiture, except during the life of the life of
the person attainted.

Article 4.

Sect. I. Full faith and credit shall be given in each state to
the public acts, records and judicial proceedings of every
other state. And the Congress may by general laws pre-
scribe the manner in which such acts, records and proceed-
ings shall be proved and the effect thereof.
Sect. 2I Xhe citizens of each state shall be entitled to all
privileges and immunities of citizens in the several states.

A person charged in any state with treason, felony, or
other crime, who shall flee from justice, and be found in
another state, shall, on the demand of the executive authority
of the state from which he fled, be delivered up, to be re-
moved to the state having jurisdiction of the crime.

No person held to service or labour in one state, under
the laws thereof, escaping into another, shall, in conse-
quence of any law or regulation therein, be discharged
from such service or labour, but shall be delivered up on
claim of the party to whom such service or labour may be
due.

Sect. 3. New states may be admitted by the Congress into
this union; but no new state shall be formed or erected
within the jurisdiction of any other state; nor any state

formed by the junction of two or more states, or parts of
3 AP 20.

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3o6

states, without the consent of the legislatures of the states
concerned as well as of the Congress.

The Congress shall have power to dispose of and make
all needful rules and regulations respecting the territory or
other property belonging to the United States ; and nothing
in this constitution shall be so construed as to prejudice any
claims of the United States, or of any particular state.
Sect. 4. The United States shall guarantee to every state in
this Union a republican form of government, and shall pro-
tect each of them against invasion; and on application of the
legislature, or of the executive (when the legislature, cannot
be convened) against domestic violence.

Article 5.

The Congress, whenever two thirds of both Houses shall
deem it necessary, shall propose amendments to this consti-
tution, or, on the application of the legislatures of two thirds
of the several states, shall call a convention for proposing
amendments, which, in either case, shall be valid to all in-
tents and purposes, as part of this constitution, when ratified
by the legislatures of three fourths of the several states, or
by conventions in three fourths thereof, as the one or the
other mode of ratification may be proposed by the Congress :
Provided, that no amendment which may be made prior to
the year one thousand eight hundred and eight, shall in any
manner affect the first and fourth clauses in the ninth sec-
tion of the first article; and that no state, without it*s con-

shall

sent,^be deprived of its equal suffrage in the Senate.

Article 6.

All Debts contracted and engagements entered into, be-
fore the adoption of this constitution, shall be as valid against

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307

the United States under this constitution, as under the con-
federation.

This Constitution, and the laws of the United States which
shall be made in pursuance thereof; and all treaties made,
or which shall be made, under the authority of the United
States, shall be the supreme law of the land ; and the judges
in every state shall be bound thereby, any thing in the
constitution or laws of any state to the contrary notwith-
standing.

The senators and representatives before mentioned, and
the members of the several state legislatures, and all execu-
tive and judicial officers, both of the United States and of the
several states, shall be bound by oath or affirmation, to sup-
port this constitution ; but no religious test shall ever be re-
quired as a qualification to any office or public trust under
the United States.

Article 7.

The ratification of the conventions of nine states, shall be
sufficient for the establishment of this constitution between
the states so ratifying the same. .

Done in Convention, by the unanimous consent of
the States present, the seventeenth day of September,
in the year of our Lord one thousand seven hundred
and eighty seven, and of the independence of the
United States of America the twelfth. In Witness
whereof we have hereunto subscribed our Names.
George Washington, President,

And Deputy from Virginia.

John Langdon,
Nicholas Oilman,

New-Hampshire,

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Massachusetts,

Connecticut,
New -York,

New-Jersey,

Pennsylvania.

Delaware,

Maryland,

Virginia,

North-Carolina,

Nathaniel Gorham,
RuFUS King.

William Samuel Johnson,
Roger Sherman,
Alexander Hamilton,

William Livingston,
David Brearly,
William Patterson,
Jonathan Dayton,
Benjamin Franklin,
.Thomas Mifflin,
Robert Morris,
George Clymer.
Thomas Fitzsimons,
Jared Ingersoll,
James Wilson,
Governeur Morris.

George Read,

Gunning Bedford, junior,

John Dickinson,

Richard Bassett,

Jacob Broom.

James M^Henry,

Daniel of S^ Thomas Jenifer,

Daniel Carrol.

John Blair,

James Madison, jun'

William Blount,
Richard Dobbs Spaight,
Hugh Williamson

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South Carolina,

Georgia,

309

John Rutledge,

Charles Cotesworth Pinckney,

Charles Pinckney,

Pierce Butler,

William Few,
Abraham Baldwin,

Attest,

William Jackson, Secretary,

In Convention.

Monday, September 17, 1787,
Present,
The States of New-Hampshire, Massachusetts, Connecticut,
M' Hamilton from New- York, New -Jersey, Pennsylvania,
Delaware, Maryland, Virginia, North-Carolina, South-Caro-
lina and Georgia :

Resolved,

That the preceding Constitution be laid before the
United States in Congress assembled, and that it is the
opinion of this Convention, that it should afterwards be sub-
mitted to a Convention of Delegates, chosen in each state
by the people thereof, under the recommendation of its
Legislature, for their assent and ratification; and that each
Convention assenting to, and ratifying the same, should
give notice thereof to the United States in Congress as-
sembled.

Resolved, That it is the opinion of this Convention, that as
soon as the Conventions of nine states shall have ratified this
Constitution, the United States in Congress assembled should
fix a day on which electors should be appointed by the states
which shall have ratified the same, and a day on which the

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ought to be favoured, or established by law in preference to
others.

5*^ That the legislative, executive and judiciary powers of
government, should be separate and distinct, and that the
members of the two first may be restrained from oppres-
sion, by feeling and participating the publick burthens, they
should at fixed periods be reduced to a private station, re-
turn into the mass of the people, and the vacancies be sup-
plied by certain and regular elections, in which all, or any
part of the former members, to be eligible or ineligible, as
the rules of the constitution of government and the laws
shall direct.

6*** That elections of representatives in legislature ought to
be free and frequent, and all men having sufficient evidence
of permanent common interest with, and attachment to
the community ought to have the right of suffi-agej.and no

charge

aid,^tax or fee can be set, rated or levied upon the people,
without their own consent or that of their representatives so
elected, nor can they be bound by any law, to which they
have not in like manner assented for the publick good.
7'** That all power of suspending laws or the execution of
laws, by any authority without the consent of the repre-
sentatives of the people in the legislature, is injurious to
their rights, and ought not to be exercised.
8*** That in all capital and criminal prosecutions, a man hath
a right to demand the cause and nature of his accusation,
to be confronted with the accusers and witnesses, to call
for evidence and be allowed counsel in his favour, and to a
fair and speedy trial by an impartial jury of his vicinage,
without whose unanimous consent he cannot be found
guilty; (except in the government of the land and naval

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313

forces) nor can he be compelled to give evidence against
himself.

g^ That no freeman ought to be taken, imprisoned or dis-
seised of his freehold, liberties, privileges, or franchises, or
outlawed, or exiled, or in any manner destroyed or deprived
of his life, liberty or property but by the trial by jury, or by
the law of the land.

lo'^ That every freeman restrained of his liberty, is inti-
tled to a remedy, to enquire into the lawfulness thereof, and
to remove the same if unlawful, and that such remedy ought
not to be denied or delayed.

II'** That in controversies respecting property, and in suits
between man and man the antient trial by jury, as hath been
exercised by us and our ancestors, from the time whereof the
memory of man is not to the contrary, is one of the greatest
securities to the rights of the people, and ought to remain
sacred and inviolate.

12* That every freeman ought to obtain right and justice,
freely and without sale, completely and without denial,
promptly and without delay, and that all establishments or
regulations contravening these rights, are oppressive and
unjust.

13*** That excessive bail ought not to be required, nor ex-
cessive fines imposed, nor cruel or unusual punishments in-
flicted.

14'** That every person has a right to be secure from all
ureasonable searches and seisures of his person, his papers
or his property, and therefore that all warrants to search sus-
pected places or seise any person, his papers or his property,
without information upon oath, or affirmation, of sufficient
cause, are grievous and oppressive, and that all general war-

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314

rants (or such in which the place or person suspected, are
not particularly designated,) are dangerous, and ought not
to be granted.

iS^^ That the people have a right peaceably to assemble
together, to consult for their common good, or to instruct
their representatives ; and that every person has a right to
petition or apply to the legislature for redress of griev-
ances.

1 6'^ That the people have a right to freedom of speech and
of writing, and publishing their sentiments, that freedom
of the press is one of the greatest bulwarks of liberty, and
ought not to be violated.

1 7^*" That the people have a right to keep and bear arms,
that a well regulated militia, including the body of the people
capable of bearing arms, is the proper, natural and safe de-
fence of a free state ; that the militia shall not be subject to
martial law except in time of war, rebellion or insurrection ;
that standing armies in time of peace, are dangerous to lib-
erty, and ought not to be kept up, except in cases of neces-
sity ; and that at all times the military should be under strict
subordination to the civil power; that in time of peace no
soldier ought to be quartered in any house, without the con-
sent of the owner, and in time of war, only by the civil mag-
istrate, in such manner as the law directs.
1 8**" That any person religiously scrupulous of bearing arms,
ought to be exempted, upon payment of an equivalent, to
employ another to bear arms in his stead.

Under these impressions, and declaring, that the rights
aforesaid cannot be abridged or violated, and that the expla-
nations aforesaid, are consistant with the said constitution,
and in confidence that the amendments hereafter mentioned,

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315

will receive an early and mature consideration, and conform-
ably to the fifth article of said constitution, speedily become a
part thereof; We the said delegates, in the name, and in the
behalf of the People, of the State of Rhode-Island and Provi-
dence-Plantations, do by these Presents, assent to, and ratify
the said Constitution. In full confidence nevertheless, that
until the amendments hereafter proposed and undermen-
tioned shall be agreed to and ratified, pursuant to the afore-
said fifth article, the militia of this State will not be continued
in service out of this State for a longer term than six weeks,
without the consent of the legislature thereof; That the
Congress will not make or alter any regulation in this State,
respecting the times, places and manner of holding elections
for senators or representatives, unless the legislature of this
state shall neglect, or refuse to make laws or regulations for
the purpose, or from any circumstance be incapable of
making the same ; and that in those cases, such power will
only be exercised, until the legislature of this State shall
make provision in the Premises, that the Congress will not
lay direct taxes within this State, but when the monies aris-
ing from the Impost, Tonnage and Excise shall be insuffi-
cient for the publick exigencies, nor until the Congress shall
have first made a requisition upon this State to assess, levy
and pay the amount of such requisition, made agreeable
to the census fixed in the said constitution, in such way
and manner, as the legislature of this State shall judge
best, and that the Congress will not lay any capitation or
poll tax.

Done in Convention, at Newport in the County of
Newport, in the State of Rhode-Island and Provi-
dence-Plantations, the twenty ninth day of May, in

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the Year of our Lord one thousand seven hundred
and ninety, and in the fourteenth year of the Inde-
pendence of the United States of America.
By order of the Convention,

Daniel Owen President
Attest, Daniel Updike Sec'^

And the Convention, do in the name and behalf of the
People of the State of Rhode-Island and Providence Planta-
tions, enjoin it upon their Senators and Representative or
Representatives, which may be elected to represent this State
in Congress, to exert all their influence, and use all reason-
able means to obtain a ratification of the following Amend-
ments to the said Constitution, in the manner prescribed

al!

therein, and in-laws to be passed by the Congress in the
mean time, to conform to the spirit of the said amendments,
as far as the constitution will admit

Amendments.

i" The United States shall guarantee to each State its
sovereignty, freedom and independence, and every power,
jurisdiction and right, which is not by this constitution ex-
pressly delegated to the United States.

2^ That Congress shall not alter, modify or interfere in the
times, places or manner of holding elections for Senators and
Representatives, or either of them, except when the legisla-
ture of any state shall neglect, refuse or be disabled by inva-
sion or rebellion to prescribe the same ; or in case when the
the provision made by the states, is so imperfect as that no
consequent election is had, and then only until the legislature
of such state, shall make provision in the premises.

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3"^ It is declared by the Convention, that the judicial po^yer
of the United States, in cases in which a state may be a party,
does not extend to criminal prosecutions, or to authorize any
suit by any person against a State ; but to remove all doubts
or controversies respecting the same, that it be especially
expressed as a part of the constitution of the United States,
that Congress shall not directly or indirectly, either by them-
selves or through the judiciary, interfere with any one of the
states, in the redemption of paper money already emitted
and now in circulation, or in liquidating or discharging the,

one

publick securities of any ^ state: that each and every state
shall have the exclusive right of making such laws and regu-
lations for the before mentioned purpose, as they shall think
proper.

4*** That no amendments to the constitution of the United
States hereafter to be made, pursuant to the fifth article,
shall take effect, or become a part of the constitution of the
United States after the Year one thousand seven hundred and
ninety three, without the consent of eleven of the states,
heretofore united under one confederation.
5'** That the judicial powers of the United States shall extend

the

to no possible case, where cause of action shall have origi-
nated before the ratification of this constitution, except in
disputes between states about their territory, disputes between
persons claiming lands under grants of different states, and
debts due to the United States.

6'** That no person shall be compelled to do military duty,
otherwise than by voluntary enlistment, except in cases of
general invasion ; any thing in the second paragraph of the
sixth article of the constitution, or any law made under the
constitution to the contrary notwithstanding.

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f^ That no capitation or poll-tax shall ever be laid by
Congress.

8'^ In cases of direct taxes, Congress shall first make requi-
sitions on the several states to assess, levy and pay their re-
spective proportions of such requisitions, in such way and
manner, as the legislatures of the several states shall judge
best ; and in case any state shall neglect or refuse to pay its
proportion pursuant to such requisition, then Congress may
assess and levy such state's proportion, together with interest
at the rate of six per cent, per annum, from the time pre-
scribed in such requisition.

9**" That Congress shall lay no direct taxes, without the con-
sent of the legislatures of three fourths of the states in the
Union.

lo'*" That the journals of the proceedings of the Senate
and house of Representatives shall be published as soon as
conveniently may be, at least once in every year, except such
parts thereof relating to treaties, alliances or military opera-
tions, as in their judgment require secrecy,
ii'^ That regular statements of the receipts and expendi-
tures of all publick monies, shall be published at least once a
year.

12'*" As standing armies in time of peace are dangerous to
liberty and ought not to be kept up, except in cases of ne-
cessity; and as at all times the military should be under strict
subordination to the civil power, that therefore no standing
army, or regular troops shall be raised, or kept up in time of
peace.

13'*" That no monies be borrowed on the credit of the United
States without the assent of two thirds of the Senators and
Representatives present in each house.

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14'** That the Congress shall not declare war, without the
concurrence of two thirds of the Senators and Representa-
tives present in each house. v
15*** That the words *' without the consent of Congress'' in
the seventh clause in the ninth section of the first article of
the constitution be expunged.

16'** That no judge of the supreme court of the United
States, shall hold any other office under the United States, or
any of them; nor shall any officer appointed by Congress,
or by the President and Senate of the United States, be
permitted to hold any office under the appointment of any of
the states.
17^ As a traffick tending to establish or continue the slavery

the cause of

of any part of the human species, is disgraceful to liberty
and humanity, that Congress shall, as soon as may be, pro-
mote and establish such laws and regulations, as may effec-
tually prevent the importation of slaves of every description
into the United States.

18'** That the State Legislatures have power to recall, when
they think it expedient, their federal senators, and to send
others in their stead.

19* That Congress have power to establish a uniform rule
of inhabitancy, or settlement of the poor of the different
States throughout the United States.

20*** That Congress erect no company with exclusive advan-
tages of commerce.

21*' That when two members shall move or call for the ayes
and nays on any question, they shall be entered on the jour-
nals of the houses respectively.

Done in Convention at Newport, in the County of
Newport in the State of Rhode-Island and Provi-

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dence Plantations, the twenty ninth day of May, in
the year of our Lord one thousand seven hundred
and ninety, and the fourteenth year of the independ-
ence of the United States of America.
By order of the Convention,

Daniel Owen President.
Attest Daniel Updike. Sect^

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Congress of the United States,
begun and held at the City of New- York, on
Wednesday the fourth of March, one thousand seven hun-
dred and eighty nine.

THE Conventions of a number of the States, having at
the time of their adopting the Constitution, expressed a
desire, in order to prevent misconstruction or abuse of its
powers, that further declaratory and restrictive clauses
should be added: And as extending the ground of public
confidence in the Government, will best ensure the benifi-
cent ends of its institution :

RESOLVED by the Senate and House of Representa-
tives of the United States of America, in Congress assem-
bled, two thirds of both Houses concurring, that the follow-
ing Articles be proposed to the Legislatures of the several
States, as Amendments to the Constitution of the United
States, all or any of which Articles, when ratified by three
fourths of the said Legislatures, to be valid to all intents and
purposes, as part of the said Constitution ; viz*

Articles in addition to, and Amendment of the Constitu-
tion of the United States of America, proposed by Congress,
and ratified by the Legislatures of the several States, pursu-
ant to the fifth Article of the original Constitution.

Article the first After the first enumeration required by

the first Article of the Constitution, there shall be one
Representative for every thirty thousand, until the num-
ber shall amount to one hundred, after which, the pro-

4 AP 1, 321

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322

portion shall be so regulated by Congress, that there
shall be not less than one hundred Representatives, nor
less than one Representative for every forty thousand
persons, until the number of Representatives shall
amount to two hundred, after which the proportion
shall be so regulated by Congress, that there shall not
be less than two hundred Representatives, nor more
than one Representative for every fifty thousand per-
sons.

Article the second... No law, varying the compensation for
the services of the Senators and Representatives, shall
take effect, until an election of Representatives shall
have intervened.

Article the third Congress shall make no law respecting

an establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of speech,
or of the press ; or the rfght of the people peaceably to
assemble, and to petition the Government for a redress
of grievances.

Article the fourth A well regulated Militia, being necessary

to the security of a free State, the right of the people
to keep and bear Arms, shall not be infringed.

Article the fifth No Soldier shall, in time of peace be

quartered in any house, without the consent of the
Owner, nor in time of war, but in a manner to be pre-
scribed by law.

Article the sixth The right of the people to be secure in

their persons, houses, papers, and effects, against unrea-
sonable searches and seizures, shall not be violated, and
no Warrants shall issue, but upon probable cause, sup-
ported by Oath or affirmation, and particularly describ-

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323

ing the place to be searched, and the persons or things
to be seized.

Article the seventh . . No person shall be held to answer for
a capital, or otherwise infamous crime, unless on a pre-
sentment or indictment of a Grand Jury, except in cases
arising in the land or naval forces, or in the Militia,
when in actual service in time of War or public danger ;
nor shall any person be subject for the same offence to
be twice put in jeopardy of life or limb; nor shall be
compelled in any criminal case to be a witness against
himself, nor be deprived of life, liberty, or property,
without due process of law ; nor shall private property
be taken for public use, without just compensation.

Article the eighth... In all criminal prosecutions, the accused
shall enjoy the right to a speedy and public trial, by an
impartial jury of the State and district wherein the
crime shall have been committed, which district shall
have been previously ascertained by law, and to be in-
formed of the nature and cause of the accusation ; to be
confronted with the witnesses against him ; to have com-
pulsory process for obtaining witnesses in his favor, and
to have the Assistance of Counsel for his defence.

Article the ninth . . In Suits at common law, where the value
in controversy shall exceed twenty dollars, the right of
trial by jury shall be preserved, and no fact tried by a
jury, shall be otherwise re-examined in any Court of
the United States, than according to the rules of the
common law.

Article the tenth Excessive bail shall not be required,

nor excessive fines imposed, nor cruel and unusual
punishments inflicted.

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Article the eleventh.... The enumeration in the Constitution,
of certain rights, shall not be construed to deny or dis-
parage others retained by the people.
Article the twelfth... The powers not delegated to the United
States by the Constitution, nor prohibited by it to the
States, are reserved to the States respectively, or to
the people.

Frederick Augustus Muhlenberg Speaker

of the House of Representatives.
John Adams, Vice-President of the United States,

and President of the Senate.
Attest,

John Beckley, Clerk of the House of Representatives.

Sam. a. Otis Secretary of the Senate.

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Burlington Augs' 4**" 1790
Sir—

I have the Honour to transmit An Exemplified Copy of
A Law of the State of New-Jersey, Ratifying Certain Amend-
ments to the Constitution of the United States,
I have the Honour to be

Your Most Ob^'

HumW Serv*

Eltsha Lawrence.
The Pres^'

of the United States

[indorsement.]
N° I.

Letter August 4. 1 790

Elisha Lawrence

enclosing Ratification of amendments to Constitution of U. S.

by N. Jersey

Received August 6. 1 790. — .

State of New-Jersey.

The Honorable Elisha Lawrence Esquire, Vice

President, Captain General and Commander in
[seal.] Chief in and over the State of New-Jersey and

Territories thereunto belonging Chancellor and

Ordinary in the same.

To all to whom these Presents shall come Greeting.

These are to certify — That Bowes Reed Esq*^ whose name

325

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326

is subscribed to the annexed Certificate, certifying the an-
nexed Law, to be a true Copy taken from the Original en-
rolled in his Office, is, and was at the time of signing thereof,
Secretary of the State of New Jersey ; and that full faith and
credit is and ought to be due to his attestation as such.

In Testimony whereof I have hereunto subscribed
my name and caused the Great Seal of the State
of New Jersey to be hereunto affixed at the City of
Burlington the third day of August in the year
of Our Lord One thousand seven hundred and
ninety, and of Our Independence the fifteenth.

Elisha Lawrence
By His Honors Comand.

Bowes Reed Sec^

State of New-Jersey

An Act to ratify on the part of this State certain

Amendments to the Constitution of the United

States.
Whereas the Congress of the United States begun and held
at the City of New York on Wednesday the fourth day of
March one thousand seven hundred and eighty nine ; Re-
solved, two thirds of both houses concurring that sundry
Articles be proposed to the Legislatures of the several States
as Amendments to the Constitution of the United States all
or any of which Articles when ratified by three fourths of
the said Legislatures to be valid to all intents and purposes
as part of the said Constitution : And whereas the Presi-
dent of the United States did in pursuance of a Resolve of
the Senate and House of Representatives of the United
States of America in Congress Assembled transmit to the

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327

Governor of this State the amendments proposed by Con-
gress which were by him laid before the Legislature for their
consideration ; Wherefore,

I. Be it enacted by the Council and General Assembly of
this State and it is hereby enacted by the Authority of the
same. That the following Articles proposed by Congress
in addition to and amendment of the Constitution of tlie
United States, to wit,

Article the first. After the first enumeration required by
the first Article of the Constitution there shall be one rep-
resentative for every Thirty thousand until the number shall
amount to one hundred after which the proportion shall be
so regulated by Congress that there shall not be less than
One hundred Representatives nor less than one representa-
tive for every Forty thousand persons until the number of
Representatives shall amount to two hundred After which
the proportion shall be so regulated by Congress that there
shall not be less than two hundred Representatives nor more
than one Representative for every Fifty thousand persons.

Article the third. Congress shall make no Law respect-
ing an Establishment of Religion or prohibiting the free
exercise thereof or abridging the freedom of Speech, or of
the Press, or the right of the people peaceably to assemble

and , petition the Government for a redress of grievances.

Article the fourth. A well regulated Militia being neces-
sary to the security of a free State the right of the people
to keep and bear Arras shall not be infringed.

Article the fifth. No Soldier shall in time of peace be
quartered in any House, without the consent of the Owner,
nor in time of War but in a manner to be prescribed by
Law.

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328

Article the sixth. The right of the People to be secure
in their persons, Houses, papers, and effects against unrea-
sonable searches and seizures shall not be violated, and no
Warrants shall issue but upon probable cause supported by
Oath or Affirmation and particularly describing the place to
be searched and the persons or things to be seized.

Article the seventh. No person shall be held to answer
for a Capital, or otherwise infamous Crime, unless on a pre-
sentment or Indictment of a Grand-Jury except in cases aris-
ing in the Land or Naval forces, or in the Militia when in
actual service in time of War or Public danger, nor shall any
person be subject for the same offence to be twice put in
Jeopardy of life or limb, nor shall be compelled in any
Criminal case to be a Witness against himself, nor be de-
prived of life liberty or property without due process of
Law, nor shall private property be taken for public use with-
out just compensation.

Article the eighth. In all criminal prosecutions the ac-
cused shall enjoy the right to a speedy and Public Trial by
an impartial Jury of the State and District wherein the crime
shall have been committed which district shall have been
previously ascertained by Law and to be. informed of the
nature and causte of the accusation to be confronted with
the Witnesses against him, to have compulsory process for
obtaining Witnesses in his favor and to have the assistance
of Counsel for his defence.

Article the ninth. In suits at Common Law where the *
value in controversy shall exceed twenty dolars, the right of
Trial by Jury shall be preserved and no fact tried by a Jury
shall be otherwise re-examined in any Court of the United
States than according to the rules of the Common Law.

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329

Article the tenth. Excessive Bail shall not be required,
nor excessive fines imposed nor cruel and unusual punish-
ments inflicted.

Article the eleventh. The enumeration in the Constitu-
tion of certain rights shall not be construed to deny or dis-
parage others retained by the People.

Article the twelfth. The Powers not delegated to the
United States by the Constitution, nor prohibited by it to
the States are reserved to the States respectively or to the
People.'* be and the same are hereby ratified and adopted
by the State of New Jersey.

Council Chamber.

November 20*** 1789.
This Bill having been three
times read in Council,
Resolved,

That the same do pass
By order of the House
WiL Livingston Pres'

House of Assembly No-
vember 19* 1789.
This Bill having been
three times read in this
House,
Resolved,

That the same do pass
By order of the House
John Beattv. Speaker

City of Burlington
State of New Jersey
August 3** A D 1790.

These are to Certify that the annexed Law is a true Copy
taken from the Original, enrolled in my Office.

BowES Reed Sec^

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Annapolis January 1 5* 1 790
Sir,

I have the honor to enclose a copy of An Act of the
Legislature of Maryland, to ratify certain Articles in addition
to and amendments of the Constitution of the United States
of America proposed by Congress to the Legislatures of the
several States.

I have the Honor to be

with the highest respect Sir

Your most Obed^ Servant

J. E. Howard
His Excellency

The President of the United States

[address.]

His Excellency

The President of the United States —

[indorsement.]

Letter — ^Jan" 1 5**" 1 790 — from the Gov** of the State of Mary-
land, and Act of said State, ratifying the Amendments to
the Constitution of the U : States. —

transmitted to this Office, by order of the President of the

United States — Jan^ 25**" 1790

330

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33^

An Act to ratify certain articles in addition to and
amendment of the Constitution of the United States of
America proposed by Congress to the Legislatures of the
several States.

Whereas it is provided by the fifth article of the Consti-
tution of the United States of America, that Congress when-
ever two thirds of both Houses shall deem it necessary, shall
propose Amendments to the said Constitution or on the
application of the Legislatures of two thirds of the several
States shall call a Convention for proposing Amendments,
which in either case shall be valid to all intents and purposes
as part of the said Constitution when ratified by the Legisla-
tures of three fourths of the several States or by Conven-
tions in three fourths thereof as the one or the other modes
of ratification may be proposed by the Congress.

And Whereas at a Session of the United States begun
and held at the City of New York on Wednesday the fourth
day of March in the year of our Lord one thousand seven
hundred and eighty nine, it was Resolved by the Senate and
House of Representatives of the said United States in Con-
gress assembled two thirds of both Houses concurring, that
the following articles be proposed to the Legislatures of the
several States as amendments to the Constitution of the
United States all or any of which articles when ratified by
three fourths of the said Legislatures to be valid to all intents
and purposes as part of the said Constitution viz' —

Article the first. After the first enumeration, required
by the first article of the Constitution there shall be one
representative for every thirty thousand, until the number
shall amount to one hundred ; after which the propor-
tion shall be . regulated by Congress that there shall be not

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332

less than one hundred Representatives, nor less than one
Representative for every forty thousand persons, until the
number of Representatives shall amount to two hundred,
after which the proportion shall be so regulated by Congress,
that there shall not be less than two hundred Represen-
tatives, nor more than one Representative for every fifty
thousand persons. —

Article the second. No law varying the compensation for

the

the services of^Senators and Representatives shall take effect
until an Election of Representatives shall have intervened.

Article the third. Congress shall make no law respect-
ing an establishment of Religion or prohibiting the free ex-
ercise thereof, or abridging the freedom of speech, or of the
press, or the right of the people peaceably to assemble, and
to petition the Government for a redress of grievances. —
Article the fourth. A well regulated Militia being necessary
to the security of a free State, the right of the people to
keep and bear Arms, shall not be infringed. — Article the
fifth. No Soldier shall in time of Peace be quartered in any
House, without the consent of the owner, nor in time of war,
but in a manner to be prescribed by law. — Article the
Sixth. The right of the people to be secure in their persons,
houses, papers, and effects against unreasonable searches and
seizures, shall not be violated, and no Warrants shall issue,
but upon probable cause, supported by Oath or affirmation,
and particularly describing the place to be searched, and the
persons or things to be seized. — Article the Seventh. No
person shall be held to answer for a capital or otherwise in-
famous crime, unless on a presentment or indictment of a
grand jury, except in cases arising in the Land or Naval
forces, or in the Militia when in actual service in time of

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333

War or public danger, nor shall any person be subject for
the same offence to be twice put in jeopardy of life or limb ;
nor shall be compelled in any criminal case to be a witness
against himself, nor be deprived of life, liberty or property,
without due process of Law; nor shall private property be
taken for public use without just compensation. — Article
the eighth. In all criminal prosecutions the accused shall
enjoy the right to a speedy and public trial by an impartial
Jury of the State and district wherein the Crime shall have
been committed, which district shall have been previously
ascertained by law; and to be informed of the nature and
cause of the accusation to be confronted with the Witnesses
against him, to have compulsory process for obtaining Wit-
nesses in his favor, and to have the assistance of Counsel
for his defence. —

Article the ninth. In suits at common law, where the
value in controversey shall exceed twenty Dollars, the right
of trial by Jury shall be preserved, and no fact, tried by a
Jury shall be otherwise re-examined in any Court of the
United States, than according to the rules of the common
law. — Article the tenth. Excessive bail shall not be re-
quired, nor excessive fines imposed, nor cruel and unusual
punishments inflicted. — Article the Eleventh. The enu-
meration in the Constitution of certain rights shall not be
construed to deny or disparage others retained by the peo-
ple.—

Article the twelfth. The powers not delegated to the
United States by the Constitution, nor prohibited by it to
the States, are reserved to the States respectively or to the
people. —

Be it enacted by the General Assembly of Maryland,

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334

That the aforesaid articles and each of them be and they

are hereby confirmed and ratified

By the House of Dele- By the Senate Dec' 19. 1789

gates December 17. 1789. Read and assented to — By

Read and assented to. order H^ Ridgely CI

By order W Harwood CI.

J E Howard (Seal appendant)

I hereby certify that the above is a true copy from the

original engrossed Act, as passed by the Legislature of the

State of Maryland

T. Johnson J' CI. Council

Maryland ss^ In Testimony that Thomas Johnson
Junior is Clerk of the Executive Council for the
State of Maryland I have hereto affixed the Great
Seal of the said State Witness my hand this fif-
teenth day of January Anno Domini 1790. —

Samuel Harvey Howard Reg. Cur. Can.
[seal appendant.] *

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Rockingham May.. 25^** 1790.
Sir,

I do myself the honour to transmit you herewith inclosed
an Act of the General Assembly of this State passed at their
last Session entituled **An Act to ratify the amendments to
**the Constitution of the United States*'

Your Communication of the 20'** of February last of
the Act of Congress entituled **An Act for giving effect to
'•the Acts therein mentioned in respect to the State of North
** Carolina and other purposes" I have been duly honoured
with, and have announced the same to the Citizens of this
State. —

I have the honour to be with
very great respect Sir,

your very humble Servant

Alex: Martin
The President of the United
States of America

[address.]

His Excellency George Washington,

President of the United States.

[indorsement.]

N°3
Letter, May 25*** 1790. Gov*^ of N*" Carolina to The

President of the United States, transmitting — **An Act to

335

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336

** ratify the Amendments to the Constitution of the United
** States."—

Rec** from the President June 1 1'** 1790

— North Carolina —

State of North Carolina

His Excellency Alexander Martin Esquire Governor,
I — I Captain General and Commander in Chief in and over

C/5

> the said State

> To all to whom these presents shall come

§ It is certified That the honorable James Glasgow Esquire

^ who hath attested the annexed Copy of an Act of the Gen-

«-^ eral Assembly of this State was at the time thereof and now

is Secretary of the said State and that full faith and Credit

are due to his Official Acts
>
g Given under my Hand and the great Seal of the State

at Danbury the fourteenth day of Feb: Anno Dom

> 1790 and in the XIV year of our Independence
2 By his Excllys Com**

Tho: Rogers P Sec

An Act to ratify the amendments to the Constitution of
the United States

Whereas the senate and house of representatives of the
United States of America in Congress Assembled on the

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337

fourth day of March did Resolve, two thirds of both Houses
concuring that the following Articles be proposed to the
Legislatures of the several States as amendments to the Con-
stitution of the United States all or any of which Articles
when ratifyed by three fourths of the said Legislatures to be
valid to all intents and purposes as part of the said Con-
stitution

Article I After the first enumeration required by the first
article of the Constitution, there shall be one representative
for every thirty thousand, until the number shall amount to
one hundred, after which the proportion shall be so regu-
lated by Congress, that there shall be not less than one
hundred representatives, nor less than one representative
for every forty thousand persons, until the number of rep-
resentatives shall amount to two hundred, after which the
proportion shall be so regulated by Congress, that there
shall not be less than two hundred representatives, nor
more than one representative for every fifty Thousand per-
sons.

Article II No Law, varying the compensation for the service
of the senators and representatives, shall take effect until an
Election of representatives shall have intervened.
Article III Congress shall make no Law respecting an estab-
lishment of religion or prohibiting the free exercise thereof,
or abridging the freedom of speech, or of the press, or the
right of the people peaceably to assemble and to petition
the government for a redress of greevancies.
Article IV A well regulated militia being necessary to the
security of a free State, the right of the people to keep and
bear arms, shall not be infringed
Article V No soldier shall in the time of peace, be quartered

4 AP 2.

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338

in any House without the consent of the owner, nor in time
of War, but in a manner to be prescribed by Law.
Article VI The right of the people to be secure in their
persons, Houses, papers, and Effects, against unreasonable
searches and seizures, shall not be violated; and no War-
rants shall issue but upon probable cause supported by
Oath or affirmation, and particularly describing the place to
be searched, and the persons or things to be seized.
Article VII No person shall be held to answer for a capital
or otherwise infamous crime, unless on a presentment or
indictment of a grand Jury, except in cases arising in the
land or naval forces, or in the Militia when in actual service
in time of War or public danger ; nor shall any person be
subject for the same Offence to be twice put in jeopardy of
life or limb; nor shall be compelled in any Criminal case to
be a witness against himself; nor be deprived of life liberty
or property, without due process of Law ; nor shall private
property be taken for public use without just compensa-
tion.

Article VIII In all criminal prosecutions, the accused shall
enjoy the right to a speedy and public trial by an impartial
jury of the State and district where the Crime shall have
been committed, which district shall have been previously
ascertained by Law ; and to be informed of the nature and
cause of the accusation, to be confronted with the witnesses
against him to have compulsory process for obtaining Wit-
nesses in his favour, and to have the assistance of Counsil
for his defence —

Article IX. In suits at common law, where the value in con-
troversy shall exceed twenty dollars, the right of trial by
jury shall be preserved; and no fact, tried by a Jury, shall

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339

be otherwise re-examined in any Court of the United States,

than according to the rules of common Law

Article X. Excessive bail shall not be required, nor excessive
fines imposed, nor cruel and unusual punishments inflicted
Article XL The enumeration in the Constitution of certain
rights, shall not be construed to deny or disparage others re-
tained by the people.

Article XII. The powers not deligated to the United States
by the Constitution nor prohibited by it to the states, are re-
served to the States respectively, or to the people.

Be it Therefore enacted by the General Assembly of the
state of North Carolina and it is hereby enacted by the au-
thority of the same, that the said amendments agreeable to
the fifth article of the Original Constitution be held and rati-
fyed on the part of this State as articles in addition to and
amendments of the Constitution of the United States of

America.

Cha^ Johnson S. S.

S. Cabarrus S. H. C.
Read three times and ratifyed In General As-
sembly this 22"** day of December A D. 1789
State of North Carolina

I James Glasgow Secretary of the said State do hereby
Certify the foregoing to be a true Copy of the Original Act
of the Assembly filed in the Secretarys Office

In Testimony whereof I have hereto set my Hand this

tenth day of February 1 790

J Glasgow

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Charleston January 28. 1790
Sir

I have the honour to transmit you the entire adoption by

the Legislature of this state of the Amendments proposed

to the Constitution of the United States. —

I am with the

most perfect Esteem and

Respect Your Most

Obedient servant

Charles Pincknev
To

The President Of the United States

[address.]

The President Of The-United States —

In New-York.
Charles Pinckney

[indorsement.]

N° 4
Act. South Carolina — adopting the Amendments to the
Constitution —
Rec** March 31'' 1790 —

In the House of Representatives January 18"** 1790

The House took into consideration the Report of the

Committee to whom was referred the Resolution of the Con-

340

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341

gress of the United States of the 4'** day of March 1789
proposing Amendments to the Constitution of the United
States Viz'

"Congress of the United States**

and held

**Begun^at the City of New York on Wednesday the*
** fourth of March, One Thousand Seven hundred and*
"Eighty Nine**—

"The Conventions of a Number of the States having at*
"the time of their adopting the Constitution expressed a*
"desire, in order to prevent Misconstruction or abuse of*
"it*s powers, that further declaratory and restrictive clauses*
"should be added. And as extending the ground of Public'
"Confidence in the Government will best insure the benefi-*
"cent ends of it*s institution'* —

"Resolved, by the Senate and House of Representa-*
"tives of the United States of America in Congress As-*
"sembled, two thirds of both Houses Concurring that the'
"following Articles be proposed to the Legislatures of*
"the several States, as amendments to the Constitution*
"of the United States, all or any of which Articles, when*
"ratified by three fourths of the said Legislatures to be*
"Vatid to all intents and purposes, as part of the said*
"Constitution Viz**

"Articles'*

"In addition to, and amendmrent of, the Constitution of**
"the United States of America, proposed by Congress, and**
"Ratified by the Legislatures of the several States; pursu-**
"ant to the fifth Article of the Original Constitution** —
"Article i" After the first enumeration required by the**
"first Article of the Constitution, there shall be one Repre-*'
"sentative for every Thirty Thousand, until the Number**

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342

" shall Amount to One hundred, after which the proportion "
** shall be so regulated by Congress, that there shall be not "
** less than one hundred Representatives, nor less than One "
** Representative for every forty thousand persons, until the "
** Number of Representatives shall amount to Two hun-"
'* dred, after which the proportion shall be so regulated by "
** Congress, that there shall not be less than two hundred *'
** Representatives, nor more than one Representative for*'
** every Fifty Thousand persons **

** Article 2"** No Law Varying the Compensation for the''
** Services of the Senators and Representatives shall take"
** effect, until an Election of Representatives shall have in-"
*' tervened " —

** Article 3"* Congress shall make no Law respecting an es-"
** tablishment of Religion, or prohibiting the free exercise"
** thereof, or abridging the freedom of speech, or of the"
** press, or the right of the people peaceably to assemble, "

"and to petition the Government for, Redress of Griev-"

**ances" —

** Article 4* A well regulated Militia being necessary to the"

** security of a free State, the right of the people to keep"

**and bear Arms shall not be infringed " —

** Article 5**" No Soldier shall, in time of peace, be quar-"

** tered in any House, without the Consent of the Owner, "

** nor in time of War, but in a manner prescribed by "

-Law"

** Article 6*^ The right of the people to be secure, in their"

*' persons. Houses, papers and effects, against unreasona-"

**ble searches and seizures, shall not be Violated, and no"

** Warrants shall issue, but upon probable cause, supported"

**by oath or affirmation, and particularly describing the"

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343

** place to be Searched; and the persons or things to be*'

-Seized"—

''Article 7*** No person shall be held to Answer for a Cap-*'

**ital or otherwise infamous Crime, unless on a presentment"

/'or Indictment of a Grand Jury, except in cases arising"

when

"in the Land or Naval Forces, or in the Militia in"
"Actual Service, in time of War or public danger, nor shall"
"any person be subject for the same offence to be twice put"
"in Jeopardy of life or limb, nor shall be compelled in any"
"Criminal case to be a Witness against himself nor be de-"
**prived of life, liberty or property, without due process of"
"Law; nor shall private property be taken for public use"
"without Just Compensation"

"Article 8*** In all Criminal prosecutions, the Accused shall"
"enjoy the right to a Speedy and public trial, by an impar-"
"rial Jury of the State and District wherein the Crime shall"
"have been committed, which District shall have been pre-"
"viously ascertained by Law, and to be informed of the"
"Nature and cause of the Accusation ; to be confronted with"
"the Witnesses against him; to have Compulsory process"
"for obtaining Witnesses in his favor, and to have the As-"
"sistance of Counsel for his defence."

"Article 9^** In suits at Common Law, where the Value in"
"Controversy shall exceed Twenty Dollars, the right of"
"trial by Jury shall be preserved, and no fact, tried by a"
"Jury shall be otherwise re-examined in any Court of the"
"United States, than according to the Rules of the Com-"
"mon Law"

"Article 10'** Excessive bail Shall not be required, nor Ex-"
"cessive Fines imposed, nor Cruel and unusual punish-"
"ments inflicted"

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344

** Article ii'^ The enumeration in the Constitution, of Cer-'*
**tain rights shall not be Construed to deny or disparage''
** others retained by the people/'

** Article 12'** The powers not delegated to the United"
** States by the Constitution, nor prohibited by it to the"
** States are reserved to the States respectively, or to"
**the people — "

** Frederick A Muhlenberg Speaker"

**of the House of Representatives" —
'*JoHN Adams, Vice-President of the United

** States and President of the Senate"
'* Attest, John Beckley, Clerk of the House of

'* Representatives "
'* Samuel A. Otis, Secretary of the Senate"
Which being read through — was agreed to —
Whereupon

Resolved, That this House do adopt the said Several
Articles and that they become a part of the Constitution qf
the United States —

Resolved that the Resolutions be sent to the Senate for
their concurrence —

By order of the House —
Jacob Read
Speaker of the House of Representatives

In the Senate January 19'*" 1790
Resolved that this House do concur with the House of
Representatives in the foregoing Resolutions —

By order of the Senate

D: De Saussure
President of the Senate.

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Durham in New Hampshire Jan^ 29*'' 1789
Sir

I have the honor to inclose you for the Information of

Congress a vote of the assembly of this State to Accept, all

the Articles of Amendments to the Constitution, of the united

States Except tl^ Second which was rejected; I have the

honor to be with the most profound respect sir your most

obedient and very humble Serv*,

Jn^ Sullivan
The President of the')

united States — )

[address.]

To The President of the

United States

[indorsement.]

Letter — ^Jan^ 29* 1790
President of N Hampshire transmitting certified copy of
a vote of the Legislature, accepting the Amendments to the
Constitution, except the second Article —

Rec** Feb^ 16^** 1790—

State of New)

Mn the House of Representatives Jan^ 25"** 1 790
Hampshire )

Upon reading & maturely considering the proposed

amendments to the federal Constitution,

345

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346

Voted to accept the whole of said Amendments ex-
cept the second Article which was rejected —
Sent up for Concurrence

Tho^ Bartlett Speaker
In Senate the same day read & concurred

J. Pearson Sec^
A true copy

Attest Joseph Pearson Sec^'

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Sir,

Agreeably to the Directions of the General Assembly of
this State, I do myself the Honour to inclose your Excellency
their Ratification of the Articles proposed by Congress to be
added to the Constitution of The United States ; and

am, with every Sentiment of Esteem,
Delaware, Sir, Your Excellency's

Feb. 19. 1790. most obed' humble Servant

Joshua Clayton
His Excellency George Washington, President of
The United States.

[indorsement.]

Act of the State of Delaware — adopting the Amendments to
the Constitution — except the first Art
filed March 9''' 1 790 —

Congress of the United States,
begun and held at the City of New York, on
Wednesday the fourth of March one thousand seven hun-
dred and eighty nine.

The Conventions of a number of the States having, at
the time of their adopting the Constitution, expressed a
desire, in order to prevent misconstruction or abuse of its
powers, that further declaratory and restrictive Clauses

should be added: And as extending the ground of public

347

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348

confidence in the Government will best ensure the benefi-
cent ends of its Institution —

Resolved by the Senate and House of Representatives
of the United States of America in Congress As3embled,
two thirds of both Houses concurring, That the following
Articles be proposed to the Legislatures of the several
States, as Amendments to the Constitution of the United
States, all, or any of which Articles, when ratified by three
fourths of the said Legislatures, to be valid to all intents and
purposes, as part of the said Constitution — Viz :

Articles in addition to, and amendment of, the Constitu-
tion of the United States of America, proposed by Congress,
and ratified by the Legislatures of the several States, pursu-
ant to the fifth Article of the original Constitution.
Article the First,.... After the first enumeration required by
the first Article of the Constitution, there shall be one
Representative for every thirty thousand, until the num-
ber shall amount to one hundred; after which, the pro-
portion shall be so regulated by Congress, that there
shall be not less than one hundred Representatives, nor
less than one Representative for every forty thousand
persons, until the number of Representatives shall
amount to two hundred; after which, the proportion
shall be so regulated by Congress, that there shall not
be less than two hundred Representatives, nor more
than one Representative for every fifty thousand per-
sons.

Article the second No law, varying the compensation for

the services of the Senators and Representatives, shall
take effect, until an election of Representatives shall
have intervened.

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349

Article the Third Congress shall make no law respecting

an establishment of Religion, or prohibiting the free
exercise thereof; or abridging the freedom of Speech,
or of the Press ; or the right of the people peaceably to
assemble, and to petition the Government for a redress
of grievances.

Article the Fourth, A well regulated Militia, being neces-
sary to the security of a free State, the right of the peo-
ple to keep and bear arms, shall not be infringed.

Article the Fifth No Soldier shall, in time of peace, be

quartered in any house, without the consent of the
owner, nor in time of war, but in a manner to be pre-
scribed by law.

Article the Sixth The right of the people to be secure in

their persons, houses, papers, and effects, against unrea-
sonable searches and seizures, shall not be violated, and
no warrants shall issue, but upon probable cause, sup-
ported by oath or affirmation, and particularly describ-
ing the place to be searched, and the persons or things
to be seized.

Article the Seventh,. . . No person shall be held to answer for
a capital, or otherwise infamous crime, unless on a pre-
sentment or indictment of a Grand Jury, except in cases
arising in the land or naval forces, or in the Militia,
when in actual service in time of war or public danger ;
nor shall any person be subject for the same offence to
be twice put in jeopardy of life or limb; nor shall be
compelled in any criminal case, to be a witness against
himself, nor be deprived of life, liberty or property,
without due process of law ; nor shall private property
be taken for public use without just compensation.

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350

Article the Eighth.... In all criminal prosecutions, the accused
shall enjoy the right to a speedy and public trial, by an
impartial Jury of the State and district wherein the
crime shall have been committed; which district shall
have been previously ascertained by law ; and to be in-
formed of the nature and cause of the accusation ; to be
confronted with the witnesses against him ; to have com-
pulsory process for obtaining witnesses in his favor, and
to have the assistance of Counsel for his defence.

Article the Ninth In suits at common law, where the

value in controversy shall exceed twenty dollars, the
right of trial by Jury shall be preserved, and no fact,
tried by a Jury, shall be otherwise re-examined in any
Court of the United States, than according to the rules
of the common law.

Article the Tenth, Excessive bail shall not be required,

nor excessive fines imposed, nor cruel and unusual
punishments inflicted.

Article the Eleventh... The enumeration in the Constitution,
of certain rights, shall not be construed to deny or dis-
parage others retained by the people.

Article the Twelfth The powers not delegated to the

United States by the Constitution, nor prohibited by it

to the States, are reserved to the States respectively,

or to the people.

Frederick Augustus Muhlenberg Speaker

of the House of Representatives.

John Adams, Vice-President of the United States,

and President of the Senate.
Attest,

John Beckley, Clerk of the House of Representatives,

Sam. a. Otis Secretary of the Senate.

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351

The General Assembly of Delaware

Having taken into their Consideration the
above amendments proposed by Congress to
the respective Legislatures of the several States,
Resolved, that the First Article be postponed. Re-
solved, that the General Assembly do agree to the
Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth,
Ninth, Tenth, Eleventh and Twelfth Articles ; and
We do hereby assent to, ratify, and confirm the
same, as Part of the Constitution of The United
States.
[seal.] In Testimony whereof We have caused the Great-
Seal of The State to be hereunto affixed this
twenty eighth Day of January in the Year of Our
Lord One thousand seven hundred and ninety,
and in the Fourteenth Year of the Independence
of The Delaware State.

Signed, by Order of Council,

Geo Mitchell Speaker
Signed, by Order of the House of Assembly,
Jehu Davis Speaker

[indorsement.]
Amendments proposed to the Constitution.

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In Assembly of Pennsilvania
March ii. 1790

Sir

I have the Honour to transmit an exemplified Copy of
the Act declaring the Assent of this State to certain Amend-
ments to the Constitution of the United States that you may
be pleased to lay it before Congress —

With the greatest Respect

I have the Honour to be
Your obed' Serv'
Richard Peters Speaker

His Excellency

The President of the United States —

[address.]

His Excellency George Washington

President of the United States

New York

In General Assembly.
State of Pennsylvania, to wit.

In pursuance of a Resolution of the General Assembly
of the State of Pennsylvania being the Legislature thereof:

I do hereby Certify that the paper hereunto annexed con-

352

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353

tains an exact and true Exemplification of the Act whereof
it purports to be a Copy, by virtue whereof the several
Amendments therein mentioned, proposed to the Consti-
tution of the United States were on the part of the
Commonwealth of Pennsylvania agreed to, ratified and
confirmed.

Given under my Hand and the Seal of the State this
eleventh day of March in the year of our Lord one
thousand seven hundred and ninety

Richard Peters Speaker

An Act declaring the assent of this State to certain
amendments to the Constitution of the United States.
Secjtion i** Whereas in pursuance of the fifth Article of the
Constitution of the United States certain Articles of amend-
ment to the said Constitution have been proposed by the
Congress of the United States, for the consideration of the
Legislatures of the several States: And Whereas this
House being the Legislature of the State of Pennsylvania,
having maturely deliberated thereupon, have resolved to
adopt and ratify the Articles hereafter enumerated, as part
of the Constitution of the United States.
Section 2^ Be it therefore enacted and it is hereby en-
acted by the Representatives of the Freemen of the Com-
monwealth of Pennsylvania in General Assembly met, and
by the Authority of the same, That the following amend-
ments to the Constitution of the United States proposed by
the Congress thereof viz'

** Article 3. Congress shall make no Law respecting an estab-
**lishment of religion, or prohibiting the free exercise thereof;
**or abridging the freedom of speech, or of the Press, or the

4 AP-

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354

** right of the people peaceably to assemble, and to petition

**the Government for a redress of grievances.

** Article 4**" A well regulated Militia being necessary to the

** security of a free State, the right of the people to keep

*'and bear Arms shall not be infringed.

** Article 5. No Soldier shall in time of peace be quartered

*Mn any House without the consent of the Owner, nor in time

**of war, but in a manner to be prescribed by Law.

** Article 6. The right of the people to be secure in their

** persons, houses, papers and effects against unreasonable

** searches and seizures, shall not be violated, and no war-

** rants shall issue but upon probable cause supported by

**oath or affirmation and particularly describing the place to

**be searched and the persons or things to be seized.

** Article 7. No person shall be held to answer for a capital

**or otherwise infamous crime, unless on a presentment or

** indictment of a Grand-Jury, except in cases arising in the

**land or naval forces or in the Militia when in actual service

**in time of war or public danger, nor shall any person be

'* subject for the same offence to be twice put in jeopardy of

''life or limb, nor shall be compelled in any criminal case

**to be a witness against himself, nor be deprived of life,

** liberty or property, without due process of law, nor shall

*• private property be taken for public use without just com-

**pensation.

*' Article 8. In all criminal prosecutions, the accused shall

** enjoy the right of a speedy and public trial by an impartial

** Jury of the State and district wherein the crime shall have

**been committed, which district shall have been previously

^'ascertained by law; and to be informed of the nature and

** cause of the accusation to be confronted with the witnesses

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355

** against him, to have compulsory process for obtaining

"witnesses in his favor, and to have the assistance of

** Counsel for his defence.

** Article 9. In suits at common law, where the value in con-

**troversy shall exceed twenty dollars, the right of trial by

**Jury shall be preserved, and no fact tried by a Jury shall be

** otherwise re-examined in any Court of the United States,

**than according to the rules of the Common Law.

** Article 10. Excessive bail shall not be required, nor exces-

*'sive fines imposed, nor cruel and unusual punishments in-

"flicted"

** Article 11. The enumeration in the Constitution of certain

** rights shall not be construed to deny or disparajge others

** retained by the people.

** Article 12. The powers not delegated to the United States

**by the Constitution, nor prohibited by it to the States are

** reserved to the States respectively, or to the people**

Be and they are hereby ratified on behalf of this State, to

become, when ratified by the Legislatures of three fourths of

the several States, part of the Constitution of the United

States.

Signed by Order of the House.

Richard Peters Speaker.

Enacted into a Law at Philadelphia on Wednesday the tenth

day of March in the year of our Lord, one thousand seven

hundred and ninety.

Peter Zachary Lloyd

Clerk of the General Assembly.

I Mathew Irwin Esq'' Master of the Rolls for the state of
Pennsylvania Do Certify the preceding Writing to be a true

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356

Copy (or Exemplification) of a certain Law) remaining in

my Office)

Witness my hand & Seal of Office the ii*** March

1790—
[seal.]

Matii^ Irwin

M: R

r— I [address.]

^ His Excellency George Washington

w President of the United States

^ New- York

w Fav** by Tho* Ryerson Esq'.
I— I

[indorsement.]

N'' 8.
Act of the State of Pennsylvania adopting the Amendments
to the Constitution —

filed March 16**" 1790 —

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New York 2^ April 1 790. —
Sir

I have the Honor of transmitting to your Excellency,
herewith inclosed, Exemplifications of three Acts of the Leg-
islature of this State, passed at their present Session and to
be with the highest Respect

Your Most Obedient Servant

Geo : Clinton
The President of the United States.

The People of the State of New York, by the Grace of
God, Free and Independent To all to whom these presents
shall come or may concern. Greeting: Know Ye, that We
having inspected the Records remaining in our Secretary's
Office do find there a certain Act of our Legislature in the
words and figures following **An Act ratifying certain
** Articles in addition to and amendment of the Constitution
**of the United States of America proposed by the Con-
**gress. Whereas by the fifth Article of the Constitution of
*'the United States of America, it is provided that the Con-
**gress whenever two thirds of both Houses shall deem it
''necessary shall propose amendments to the said Constitu-
**tion which shall be valid to all intents and purposes as
** part of the said Constitution when ratified by the Legisla-
*'tures of three fourths of the several States, or by Conven-
**tions in three fourths thereof, as the one or the other Mode

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358

*'of ratification may be proposed by the Congress. And
*' WHEREAS in the Session of the Congress of the United
''States of America begun and held at the city of New
"York on Wednesday the fourth of March one thousand
** seven hundred and eighty nine it was resolved by the
** Senate and House of Representatives of the United States
''of America in Congress assembled two thirds of both
"Houses concurring, That the following Articles be pro-
" posed to the Legislatures of the several States as amend-
"ments to the Constitution of the United States, all or any of
"which Articles when ratified by three fourths of the said
"Legislatures, to be valfd to all intents and purposes as
"part of the said Constitution Viz* Articles in addition to
"and amendment of the Constitution of the United States of
"America proposed by Congress and ratified by the Legis-
"latures of the several States pursuant to the fifth article of
"the original Constitution. Article the First. .After the
"first Enumeration required by the first Article of the Con-
"stitution there shall be one Representative for every thirty
"thousand until the Number shall amount to one hundred,
"after which the proportion shall be so regulated by Con-
"gress that there shall be not less than one hundred Rep-
" resentatives, nor less than one Representative for every
"forty thousand persons until the Number of Representa-
"tives shall amount to two hundred, after which the pro-
" portion shall be so regulated by Congress that there shall
"not be less than two hundred Representatives, nor more
"than one Representative for every fifty thousand persons.
"Article the Second.. No Law, varying the Compensation
"for the Services of the Senators and Representatives, shall
" take effect until an Election of Representatives shall have

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359

''intervened. Article the Third.. Congress shall make
**no law respecting an Establishment of Religion or prohib-
**iting the free exercise thereof, or abridging the freedom of
** Speech or of the press, or the right of the People peaceably
**to assemble and to petition the Government for a redress
**of grievances. Article the Fourth. .A well regulated
** Militia being necessary to the Security of a free State, the
** right of the People to keep and bear arms shall not be
'•infringed. Article the Fifth. .No Soldier shall, in time
'* of peace, be quartered in any house without the consent of
" the Owner, nor in time of War, but in a manner to be pre-
" scribed by law. Article the Sixth.. The right of the
"People to be secure in their persons, houses, papers, and .
''effects against unreasonable Searches and Seizures shall
"not be violated, and no Warrants shall issue but upon
"probable cause supported by oath or affirmation, and par-
"ticularly describing the place to be searched and the
"persons or things to be seized. Article the Seventh..
"No person shall be held to answer for a capital or otherwise
"infamous Crime, unless on a presentment or Indictment of
"a grand Jury, except in cases arising in the land or naval
"forces, or in the Militia when in actual service in time of
"War or public danger nor shall any person be subject for
"the same offence to be twice put in jeopardy of life or limb
"nor shall be compelled in any criminal case to be a witness
"against himself, nor be deprived of life, liberty, or property,
"without due process of law nor shall private property be
"taken for public Use without just compensation. Article
"the Eighth.. In all criminal prosecutions the accused shall
"enjoy the right to a speedy and public Trial by an impar-
"tial Jury of the State and district wherein the Crime shall

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36o

**have been committed, which district shall have been previ-
**ously ascertained by law, and to be informed of the nature
"and cause of the accusation, to be confronted with the Wit-
**nesses against him, to have compulsory process for obtain-
*'ing Witnesses in his favor, and to have the assistance of
'* Counsel for his defence. Article the NiNTH.Jn Suits
**at Common Law where the value in controversy shall
** exceed twenty dollars, the right of trial by Jury shall be
** preserved, and no fact tried by a Jury shall be otherwise
** re-examined in any Court of the United States, than
** according to the rules of the Common Law. Article the
**Tenth.. Excessive bail shall not be required, nor excessive
** fines imposed, nor cruel and unusual punishments inflicted.
** Article the Eleventh.. The Enumeration in the Consti-
**tution of certain rights shall not be construed to deny or
** disparage others retained by the people. Article the
** Twelfth.. The powers not delegated to the United States
'*by the Constitution, nor prohibited by it to the States, are
** reserved to the States respectively, or to the people. And
** WHEREAS the Legislature of this State have considered the
**said Articles and do agree to the same, except the second
"Article: Therefore Be it Enacted by the People of the
"State of New York represented in Senate and assembly
"and it is hereby enacted by the authority of the same, that
"the said Articles, except the second, shall be and hereby are
"ratified by the Legislature of this State. State of New
"York In Assembly February 22^ 1790, This Bill having
"been read the third time, Resolved that the Bill do pass
"By order of the Assembly, Gulian Verplanck, Speaker.
"State of New York, In Senate Febru^ 24'** 1790, This
"Bill having been read a third time. Resolved that the Bill

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36i

**do pass, By order of the Senate Isaac Roosvelt. Presi-
'*dent, pro hac vice. Council of Revision, 27*** February
** 1 790, Resolved that it does not appear improper to the
"Council that this Bill entitled **An Act ratifying certain
** articles in addition to and amendment of the Constitution
**of the United States of America proposed by the Con-
**gress,'* should become a Law of this State Geo: Clinton/*
All which We have caused to be Exemplified by these
presents: In Testimony whereof We have caused these our
Letters to be made patent and the Great Seal of our said
State to be hereunto affixed: Witness our Trusty and well
beloved George Clinton Esquire, Governor of our said
State, General and Commander in Chief of all the Militia
and Admiral of the Navy of the same, at our City of New
York the twenty seventh day of March in the Year one
thousand seven hundred and Ninety, and in the fourteenth
Year of our Independence.
Ex Geo: Clinton

[seal appendant.]

[indorsement.]

Passed the Secretary's Office the 2f^ March 1790 —

Lewis A: Scott, Secretary.

[indorsement.]

State of New York — W 7.

Letter 2** April 1790 — from the Gov' of New York — trans-
mitting—

**An Act ratifying certain Articles in addition to, and amend-
**ment of the Constitution of the U : S of America proposed

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362

**by Congress [*An Act declaring it to be the duty of the
** sheriffs of the several counties within this State to receive
'*and safe keep such' stricken out] prisoners as shall be
'* committed under the Authority of the U: S'* —
**[*3. An Act for vesting in the U: S of America the Light
** House and Lands thereunto belonging at Sandy Hook'
stricken out.]*'

for this last see file of Acis of Cessions. &c. — and that
relative to prisoners — see file of cont« those acts.

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By His Excellency

Arthur Fenner Esquire, Governor, ' Captain-Gen-

[sEAL.] eral, and Commander in Chief, of and over the

State of Rhode-Island and Providence-Plantations.

Be it known, That Henry Ward Esq^ who hath under his

Hand certified the annexed Paper, purporting an Act of the

General Assembly of the said State, to be a true Copy,

is Secretary of the said State, duly elected and engaged

according to Law. — Wherefore unto his Certificate of that

Matter full Faith is to be rendered.

Given under my Hand, and the Seal of the said
State, at Providence, this Fifteenth Day of June,
A. D. 1790, and in the Fourteenth Year of Inde-
pendence.

Arthur Fenner.*
By His Excellency's Command.

Henry Ward Secry

State of Rhode-Island & Providence-Plantations.

In General Assembly.

June Session A. D. 1790

An Act for ratifying certain Articles as Amendments to

the Constitution of the United States of America, and which

were proposed by the Congress of the said States, at their

Session in March A. D. 1789. to the Legislatures of the

several States, pursuant to the Fifth Article of the aforesaid

Constitution.

363

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364

Be it Enacted by this General Assembly, and by the
Authority thereof it is hereby Enacted, That the following
Articles proposed by the Congress of the United States of
America, at their Session in March; A. D. 1789, to the Legis-
latures of the several States for Ratification, as Amendments
to the Constitution of the said United States, pursuant to the
Fifth Article of the said Constitution, be, and the same are
hereby, fully assented to and Ratified on the Part of this State,
to wit:

I. After the First Enumeration requir d by the First Ar-
ticle of the Constitution, there shall be One Representative
for every Thirty Thousand until the Number shall amount to
One Hundred; after which the Proportion shall be so regu-
lated by Congress that there shall not be less thaa One
Hundred Representatives, nor less than One Representative
for every Forty Thousand Persons, until the Number of Rep-
resentatives shall amount to Two Hundred: After which the
Proportion shall be so regulated by Congress that there shall
n6t be less than Two Hundred Representatives, nor more
than One Representative for every Fifty Thousand Persons.

3 Congress shall make no Law respecting the Establish-
ment of Religion, or prohibiting the free Exercise thereof, or
abridging the Freedom of Speech, or of the Press, or to the
Right of the People peaceably to assemble, and to petition
the Government for a redress of grievances.

4 A well regulated Militia being necessary to the Secu-
rity of a free State, the Right of the people to keep & bear
Arms shall not be infringed.

5 No Soldier shall, in Time of Peace be quartered in any
House without the Consent of the Owner ; nor in Time of
War, but in a Manner to be prescribed by Law.

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365

6 The Right of the People to be secure in their Persons,
Houses, Papers, and Effects, against unreasonable Searches
and Siezures shall not be violated : And no Warrants shall
issue, but upon probable Cause, supported by Oath or affir-
mation, and particularly describing the Place to be searched,
and the Persons or Things to be siezed.

No Person shall be held to answer for a Capital, or other-
wise infamous Crime, unless on a Presentment or Indictment
of a Grand Jury; except in Cases arising in the Land &
Naval Forces, or in the Militia, when in actual Service in
Time of War or public Danger. Nor shall any Person be
subject for the same Offence to be Twice put in Jeopardy of
Life or Limb ; nor shall be compelled, in any Criminal Case,
to be a Witness against himself; nor be deprived of Life,
Liberty or Property, without due Process of Law : Nor shall
private Property be taken for public Use without just Com-
pensation.

In all Criminal Prosecutions, the accused shall enjoy the
Right to a speedy & public Trial by an impartial Jury of the
State & District wherein the Crime shall have been com-
mitted, which District shall have been previously ascertained
by law ; and to be informed of the Nature & Cause of the
Accusation ; to be confronted with the Witnesses against him ;
to have compulsory Process for obtaining Witnesses in his
Favour; and to have the Assistance of Counsel for his De-
fence.

In Suits at Common Law, where the Value in Contro-
versy shall exceed Twenty Dollars, the Right of Trial by
Jury shall be preserved : And no Fact tried by a Jury shall
otherwise be re-examined in any Court of the United States

the

than according to the Rules of Common Law.

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366

Excessive Bail shall not be required ; nor excessive Fines
imposed ; nor cruel & unusual Punishments inflicted.

The Enumeration in the Constitution of certain Rights
shall not be construed to deny or disparage others retained
by the People.

The Pawers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved
to the States respectively or to the People.

It is Ordered, That His Excellency the Governor be, and
he is hereby requested, to transmit to the President of the
said United States, under the Seal of this State, a Copy of

the

this Act, to be communicated to^Senate, and House of Rep-
resentatives of the Congress of the said United States.
A true Copy duly examined

Witness Henry Ward Secry

[indorsement.]

Act ratifying certain — Amendments to the — Constitution.

[indorsement.]

N° 9 State of Rhode Island
'*An Act adopting the amendments to the Constitu-
tion— except the ii^^

Rec^ June 29^^ 179c

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Sir.

I have the honor to transmit to you, an exemplified copy
of an Act of the General Assembly of the Commonwealth
of Pennsylvania, entitled **An Act ratifying, on behalf of the
** State of Pennsylvania, the first amendment proposed by
** Congress to the Constitution of the United States" ; and to
be, with perfect consideration^ and respect.
Sir, Your most obed. Hble Serv'

Tho Mifflin

Philadelphia 21'' September 1791.
To

The President of the United States.

[indorsement.]

N^ 10
Letter Septem' 21. 1791
Governor of Pennsylvania
with an Act ratifying the First amendment to the Constitu-
tion of the United States. —
Received October 27* 1791

Pennsylvania, ss.

THOMAS MIFFLIN

Governor of the Commonwealth of

[seal.] Pennsylvania,

To all to whom these Presents shall come,

Tho Mifflin Greeting:

Know ye, That Matthew Irwin Esquire whose
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368

name is subscribed to the Instrument of Writ-
ing hereto annexed was at the time of sub-

and for

scribing the same, Master of the Rolls in the

said Commonwealth, duly appointed and

Commissioned. And full Faith and Credit

is and ought to be given to him accordingly

Given under my Hand, and the Great

Seal of the State, at Philadelphia, this

twenty-sixth Day of September in the

Year of our Lord One Thousand Seven

Hundred and Ninety-one and of the

Commonwealth the sixteenth.

By the Governor,

A. I. Dallas.

Secretary of the Commonwealth.

An Act ratifying on behalf of the State of Pennsylvania
the first amendment proposed by Congress to the Constitu-
tion of the United States

Whereas in pursuance of the fifth article of the Constitu-
tion of the United States certain articles in addition to and
amendment of the said Constitution have been proposed by
the Congress of the United States for the Consideration
of the Legislatures of the several States:

And Whereas the Legislature of the State of Pennsyl-
vania having maturely deliberated thereupon have resolved
to adopt and ratify the article hereafter mentioned as part
of the Constitution of the United States

Section I Be it enacted by the Senate and House of

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369

Representatives of the Commonwealth of Pennsylvania in
General Assembly met and it is hereby enacted by the Au-
thority of the same that the following article in addition to
and amendment of the Constitution of the United States of
America proposed by the Congress thereof — viz' —

Article the first, ** After the first enumeration required by
**the first article of the Constitution there shall be one Rep-
'*resentative for every thirty thousand until the number shall
** amount to one hundred after which the proportion shall be
*'so regulated by Congress that there shall be not less than
•*One hundred Representatives nor less than one Represent-
**ative for every forty thousand persons until the number of
** Representatives shall amount to two hundred after which
**the proportion shall be so regulated by Congress that there
** shall not be less than Two hundred Representatives nor
**more than one Representative for every fifty thousand per-
** sons'' be and it is hereby ratified on behalf of the State of
Pennsylvania to become when ratified by the Legislatures of
three fourths of the several States part of the Constitution
of the Unted States

W^' Bingham
Speaker of the House of Representatives

Richard Peters
Speaker of the Senate

Approved September 21" 1791 —
Thomas Mifflin

Governor of the Commonwealth of Pennsylvania

Inrolled the 1*' October 1791 —

I Math^ Irwin Esquire Master of Rolls for the State of

Pennsylvania, do Certify, the preceeding Writing to be a
4 AP 4.

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370

true Copy [or Exemplification] of a Law In rolled in my
Office in Law Book N*" 4 page 214 &c

In Witness whereof I have hereunto set my
[seal.] hand & Seal of office the 12* day of October
A: D: 1791.

Matm^ Irwin
M. R

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STATE OF VERMONT.

An Act to authorize the People of this State to meet in Con-
vention to deliberate upon and agree to the Constitution
of the United States.

Whereas, in the opinion of this legislature, the future in-
terest and welfare of this state, render it necessary that the
constitution of the United States of America, as agreed to
by the convention at Philadelphia, on the seventeenth day of
September, in the year of our Lord one thousand seven hun-
dred and eighty-seven, with the several amendments and
alterations, as the same has been since established by the
United States, should be laid before the people of this state
for their approbation.

It is hereby enacted by the general assembly of the state
of Vermont, That the first constable in each town shall warn
the inhabitants who by law are entitled to vote for repre-
sentatives in general assembly, in the same manner as they
warn freemen's meetings, to meet in their respective towns
on the first Tuesday of December next, at ten o'clock fore-
noon, at the several places fixed by law for holding the
annual election, and when so met they shall proceed in
the same manner as in the election of representatives, to
choose some suitable person from each town to serve as a
delegate in a state convention, for the purpose of deliber-
ating upon and agreeing to the constitution of the United

States as now established ; and the said constable shall cer-

371

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372

tify to the said convention the person so chosen in manner
aforesaid. And,

It is hereby further enacted by the authority aforesaid,
That the persons so elected to serve in state convention as
aforesaid, to assemble and meet together on the first Thurs-
day of January next, at Bennington, in the county of Ben-
nington, then and there to deliberate upon the aforesaid
constitution of the United, States, and if approved of by
them, finally to assent to, and ratify the same in behalf and
on the part of the people of this state, and make report
thereof to the governour of this state, for the time being, to
be by him communicated to the president of the United
States, and the legislature of this state.

STATE OF VERMONT.

Secretary's Office, Bennington, Jan. 21, 1791.
The preceding is a true copy of an act passed by the leg-
islature of the state of Vermont, the twenty-seventh day of
October, in the year of our Lord one thousand seven hun-.
dred and ninety.

Attest. RoswELL Hopkins,

Secretary of State.

In Convention of the Delegates of the People of the State

/ of Vermont.

Whereas by an act of the commissioners of the state of
New York, done at New York, the seventeenth day of Octo-
ber, in the fifteenth year of the independence of the United
States of America, one thousand seven hundred and ninety,
every impediment, as well on the part of the state of New
York, as on the part of the state of Vermont, to the admis-
sion of the state of Vermont into the union of the United

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373

States of America, is removed. In full faith and assurance
that the same will stand approved and ratified by Congress.
This convention having impartially deliberated upon the
constitution of the United States of America, as now estab-
lished, submitted to us by an act of the general assembly of
the state of Vermont, passed October twenty-seventh, one
thousand seven hundred and ninety, do, in virtue of the
power and authority to us given for that purpose, fully and
entirely approve of, assent to and ratify the said constitu-
tion ; and declare, that immediately from and after this state
shall be admitted by the Congress into the union, and to a
full participation of the benefits of the government now
enjoyed by the states in the union, the same shall be binding
on us, and the people of the state of Vermont for even
Done at Bennington, in the county of Bennington, the tenth
day of January, in the fifteenth year of the independence
of the United States of America, one thousand seven
hundred and ninety-one. In testimony whereof we have
hereunto subscribed our names.

(Signed) Thomas Chittenden,

President.
Signed by one hundred and five members — Dissented
four.

Attest. RoswELL Hopkins, Sec*ry of Convention.*

United States, January i8*^ 1792.
T. Lear has the honor to transmit to the Secretary of State,
an exemplified Copy of An Act of the Legislature of Ver-
mont (which has been received by the President of the

*From the printed Journal of the Federal Convention, Boston, 1819, p. 463.

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374

United States) ratifying the Articles of Amendment pro-
posed by Congress to the Constitution of the United States ;
and also a letter which accompanied said ratification. —

Tobias Lear.
Secretary to the President

of the United States.

[indorsement.]

N^ II
Lear T. received January i8. 1792
covering a Letter from the Secretary of the Governor &
Council of Vermont to the President, and an exemplified
copy of the Act of that State ratifying the amendments pro-
posed by Congress to the Constitution of the U. S. —

Bennington 7**" January 1792
Sir

I am directed by His Excellency Governor Chittenden,
to Transmit to you, a Copy of an Act of the Legislature of
this State, ratifying sundry articles of Amendment (proposed
by Congress) to the Constitution of the United States, which
you will receive herewith.

I have the honor to be your Excellency' most obedient
and most Humble Servant

Joseph Fay Sec^ to the
Gov^ & Council
His Excellency

the President of the United States

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375

By His Excellency Thomas Chittenden Esquire Governor

and Captain General in and over the State of Vermont —

I hereby Certify that Roswell Hopkins Esquire

is, Secretary of State, for this State and that due
[seal.] ^ . , , ,.

faith and credit ought to be given to his attesta-
tions as Secretary of State —
In testimony whereof I have caused the Seal of this State to
be affixed at Windsor this fourth day of November One
thousand seven hundred and ninety one —

Tho^ Chittenden
Attest Joseph Fay Sec^'

An Act ratifying certain articles proposed by Congress
as amendments to the Constitution of the United States —

* Whereas the Congress of the United States begun and
held at the City of New York, on Wednesday the fourth
of March one thousand seven hundred and eighty nine —
Resolved, that certain articles to the number of twelve be
proposed to the Legislatures of the several States as
amendments to the Constitution of the United States which
articles when ratified by three fourths of the said Legisla-
tures should be valid to all intents and purposes as part of
the said Constitution — Therefore,

It is hereby Enacted by the General Assembly of the
State of Vermont, That all and every of said articles so pro-
posed as aforesaid be and the same are hereby ratified and
confirmed by the Legislature of this State —

State of Vermont
Secretary of States Office

I hereby Certify that the within is a true copy of an act

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376

passed by the Legislature of this State the third day of

November One thousand seven hundred and ninety one and

deposited in this office according to law —

attest

Ros^ Hopkins Sec^

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Virginia towit:

Subsequent Amendments agreed to in Convention as
necessary to the proposed Constitution of Government for
the United States, recommended to the consideration of the
Congress which shall first assemble under the said Constitu-
tion to be acted upon according to the mode prescribed in
the fifth article thereof:

Videlicet ;

That there be a Declaration or Bill of Rights asserting
and securing from encroachment the essential and unalien-
able Rights of the People in some such manner as the fol-
lowing ;

First, That there are certain natural rights of which
men, when they form a social compact cannot deprive or
divest their posterity, among which are the enjoyment of life
and liberty, with the means of acquiring, possessing and pro-
tecting property, and pursuing and obtaining happiness and
safety. Second. That all power is naturally vested in

and consequently derived from the people ; that Magistrates,
therefore, are their trustees and agents and at all times
amenable to them. Third, That Government ought to
be instituted for the common benefit, protection and security
of the People ; and that the doctrine of non-resistance against
arbitrary power and oppression is absurd slavish, and de-
structive of the good and happiness of mankind. Fourth,
That no man or set of Men are entitled to exclusive or
seperate public emoluments or privileges from the com-

377

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378

munity, but in Consideration of public services; which not
being descendible, neither ought the offices of Magistrate,
Legislator or Judge, or any other public office to be heredi-
tary. Fifth, That the legislative, executive, and judiciary
powers of Government should be seperate and distinct, and
that the members of the two first may be restrained from
oppression by feeling and participating the public burthens,
they should, at fixt periods be reduced to a private station,
return into the mass of the people; and the vacancies be
supplied by certain and regular elections ; in which all or any
part of the former members to be elegible or ineligible, as
the rules of the Constitution of Government, and the laws
shall direct. Sixth, That elections of representatives in
the legislature ought to be free and frequent, and all men
having sufficient evidence of permanent common interest
with and attachment to the Community ought to have the
right of suffi-age: and no aid, charge, tax or fee can be set,
rated, or levied upon the people without their own consent,
or that of their representatives so elected, nor can they be
bound by any law to which they have not in like manner
assented for the public good. Seventh, That all power
of suspending laws or the execution of laws by any authority,
without the consent of the representatives of the people in
the legislature is injurious to their rights, and ought not to
be exercised. Eighth, That in all capital and criminal
prosecutions, a man hath a right to demand the cause and
nature of his accusation, to be confronted with the accusers
and witnesses, to call for evidence and be allowed counsel in
his favor, and to a fair and speedy trial by an impartial Jury
of his vicinage, without whose unanimous consent he cannot
be found guilty, (except in the government of the land and

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379

naval forces) nor can he be compelled to give evidence
against himself. Ninth, That no freeman ought to be
taken, imprisoned, or disseised of his freehold, liberties, privi-
leges or franchises, or outlawed or exiled, or in any manner
destroyed or deprived of his life, liberty or property but by
the law of the land. Tenth, That every freeman re-
strained of his liberty is entitled to a remedy to enquire into
the lawfulness thereof, and to remove the same, if unlawful,
and that such remedy ought not to be denied nor delayed.
Eleventh. That in controversies respecting property, and
in suits between man and man, the ancient trial by Jury is
one of the greatest Securities to the rights of the people,
and ought to remain sacred and inviolable. Twelfth. That
every freeman ought to find a certain remedy by recourse to
the laws for all injuries and wrongs he may receive in his
person, property or character. He ought to obtain right and
justice freely without sale, compleatly and without denial,
promptly and without delay, and that all establishments or
regulations contravening these rights, are oppressive and
unjust. Thirteenth, That excessive Bail ought not be re-
quired, nor excessive fines imposed, nor cruel and unusual
punishments inflicted. Fourteenth, That every freeman
has a right to be secure from all unreasonable searches and
siezures of his person, his papers and his property; all war-
rants, therefore, to search suspected places, or sieze any free-
man, his papers or property, without information upon Oath
(or affirmation of a person religiously scrupulous of taking
an oath) of legal and sufficient cause, are grievous and
oppressive; and all general Warrants to search suspected
places, or to apprehend any suspected person, without spe-
cially naming or describing the place or person, are danger-

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38o

ous and ought not to be granted. Fifteenth, That the
people have a right peaceably to assemble together to con-
sult for the common good, or to instruct their Representa-
tives ; and that every freeman has a right to petition or apply
to the legislature for redress of grievances. Sixteenth,
That the people have a right to freedom of speech, and of
writing and publishing their Sentiments; that the freedom
of the press is one of the greatest bulwarks of liberty and
ought not to be violated. Seventeenth, That the people
have a right to keep and bear arms ; that a well regulated
Militia composed of the body of the people trained to arms is
the proper, natural and safe defence of a free State. That
standing armies in time of peace are dangerous to liberty,
and therefore ought to be avoided, as far as the circum-
stances and protection of the Community will admit ; and that
in all cases the military should be under strict subordination
to and governed by the Civil power. Eighteenth, That
no Soldier in time of peace ought to be quartered in any
house without the consent of the owner, and in time of
war in such manner only as the laws direct. Nineteenth,
That any person religiously scrupulous of bearing arms
ought to be exempted upon payment of an equivalent to
employ another to bear arms in his stead. Twentieth,
That religion or the duty which we owe to our Creator,
and the manner of discharging it can be directed only
by reason and conviction, not by force or violence, and
therefore all men have an equal, natural and unalienable
right to the free exercise of religion according to the dic-
tates of conscience, and that no particular religious sect or
society ought to be favored or established by Law in prefer-
ence to others.

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38i

Amendments to the Body of the Constitution.
First, That each State in the Union shall respectively
retain every power, jurisdiction and right which is not by
this Constitution delegated to the Congress of the United
States or to the departments of the Foederal Government.
Second, That there shall be one representative for every
thirty thousand, according to the Enumeration or Census
mentioned in the Constitution, until the whole number of
representatives amounts to two hundred ; after which that
number shall be continued or encreased as the Congress
shall direct, upon the principles fixed by the Constitution
by apportioning the Representatives of each State to some
greater number of people from time to time as population
encreases. Third, When Congress shall lay direct taxes
or excises, they shall immediately inform the Executive
power of each State of the quota of such state according to
the Census herein directed, which is proposed to be thereby
raised ; And if the Legislature of any State shall pass a law
which shall be effectual for raising such quota at the time re-
quired by Congress, the taxes and excises laid by Congress
shall not be collected, in such State. Fourth, That the
members of the Senate and House of Representatives shall
be ineligible to, and incapable of holding, any civil office
under the authority of the United States, during the time for
which they shall respectively be elected. Fifth, That the
Journals of the proceedings of the Senate and House of Rep-
resentatives shall be published at least once in every year,
except such parts thereof relating to treaties, alliances or mili-
tary operations, as in their judgment require secrecy. Sixth,
That a regular statement and account of the receipts and ex-
penditures of all public money shall be published at least once

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382

in every year. Seventh, That no commercial treaty shall
be ratified without the concurrence qf two thirds of the whole
number of the members of the Senate ; and no Treaty ceding,
contracting, restraining or suspending the territorial rights or
claims of the United States, or any of them or their, or any of
their rights or claims to fishing in the American seas, or navi-
gating the American rivers shall be but in cases of the most
urgent and extreme necessity, nor shall any such treaty be
ratified without the concurrence of three fourths of the
whole number of the members of both houses respectively.
Eighth, That no navigation law, or law regulating Commerce
shall be passed without the consent of two thirds of the Mem-
bers present in both houses. Ninth, That no standing
army or regular troops shall be raised or kept up in time of
peace, without the consent of two thirds of the members pres-
ent in both houses. Tenth, That no soldier shall be in-
listed for any longer term than four years, except in time of
war, and then for no longer term than the continuance of the
war. Eleventh, That each State respectively shall have
the power to provide for organizing, arming and disciplining
it's own Militia, whensoever Congress shall omit or neglect
to provide for the same. That the Militia shall not be subject
to Martial law, except when in actual service in time of war,
invasion, or rebellion ; and when not in the actual service of
the United States, shall be subject only to such fines, pen-
alties and punishments as shall be directed or inflicted by
the Laws of its own State. Twelfth That the exclusive
power of legislation given to Congress over the Foederal
Town and its adjacent District and other places purchased
or to be purchased by Congress of any of the States shall
extend only to such regulations as respect the police and

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383

good government thereof. Thirteenth, That no person
shall be capable of being President of the United States for
more than eight years in any term of sixteen years. Four-
teenth That the judicidl power of the United States shall
be vested in one supreme Court, and in such courts of Ad-
miralty as Congress may from time to time ordain and estab-
lish in any of the different States : The Judicial power shall
extend to all cases in Law and Equity arising under treaties
made, or which shall be made under the authority of the
United States ; to all cases affecting ambassadors other for-
eign ministers and consuls ; to all cases of Admiralty and
maritime jurisdiction ; to controversies to which the United
States shall be a party ; to controversies between two or
States, and between parties claiming lands under the grants
of different States. In all cases affecting ambassadors, other
foreign ministers and Consuls, and those in which a State
shall be a party, the supreme court shall have original juris-
diction ; in all other cases before mentioned the supreme
Court shall have appellate jurisdiction as to matters of law
only : except in cases of equity, and of admiralty and mari-
time jurisdiction, in which the Supreme Court shall have
appellate jurisdiction both as to law and fact, with such ex-
ceptions and under such regulations as the Congress shall
make. But the judicial power of the United States shall
extend to no case where the cause of action shall have origi-
nated before the ratification of this Constitution ; except in
disputes between States about their Territory, disputes be-
tween persons claiming lands under the grants of different
States, and suits for debts due to the United States. Fif-
teenth, That in criminal prosecutions no man shall be
restrained in the exercise of the usual and accustomed right

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384

of challenging or excepting to the Jury. Sixteenth, That
Congress shall not alter, modify or interfere in the times,
places, or manner of holding elections for Senators and Rep-
resentatives or either of them, except when the legislature of
any ' State shall neglect, refuse or be disabled by invasion
or rebellion to prescribe the same. Seventeenth, That
those clauses which declare that Congress shall not exercise
certain powers be not interpreted in any manner whatsoever
to extend the powers of Congress. But that they may be
construed either as making exceptions to the specified powers
where this shall be the case, or otherwise as inserted merely
for greater caution. Eighteenth, That the laws ascer-
taining the. compensation to Senators and Representatives
for their services be postponed in their operation, until after
the election of Representatives immediately succeeding the
passing thereof; that excepted, which shall first be passed
on the Subject. Nineteenth, That some Tribunal other
than the Senate be provided for trying impeachments of
Senators. Twentieth, That the Salary of a Judge shall
not be encreased or diminished during his continuance in
Office, otherwise than by general regulations of Salary which
may take place on a revision of the subject at stated periods
of not less than seven years to commence from the time
such Salaries shall be first ascertained by Congress. And
the Convention do, in the name and behalf of the People of
this Comrtionwealth enjoin it upon their Representatives in
Congress to exert all their influence and use all reasonable
and legal methods to obtain a Ratification of the foregoing
alterations and provisions in the manner provided by the
fifth article of the said Constitution ; and in all Congressional
laws to be passed in the mean time, to conform to the spirit

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385

of those Amendments as far as the said Constitution will
admit.

Done in Convention this twenty seventh day of
June in the year of our Lord one thousand seven
hundred and eighty eight.

By order of the Convention.

Edm^ Pendleton President [seal.]

Council Chamber Richmond November 4* 1791.
Sir,

I do myself the Honour to transmit to you a Resolution
of the General Assembly of Virginia, ratifying the first Arti-
cle of the Amendments proposed by Congress to the Con-
stitution of the United States, and

have the Honour to be

with the highest Respect

your most obed' Serv'

Beverley Randolph
The President of the United States.

[indorsement.]

Letter November 4. 1791
Governor of Virginia with a resolution of the General
assembly ratifying the i" amendment to the Constitution of
the U. S.—
Received Novem' 11. 1791

In the House of Delegates.

Tuesday 25'*" of October 1791.

Resolved, that the first Article of the Amendments proposed
4 AP 5.

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388

posed by Congress to the Constitution of the United States
be ratified by this Commonwealth.

December 15'*" 1791. John Pride S. S.

Agreed to by the Senate. Tho^ Mathews Sr H D

Monday the 5**" of December 1791.
Resolved that the fifth Article of the Amendments pro-
posed by Congress to the Constitution of the United States
be ratified by this Commonwealth.

December 15'*" 1791. John PRn)E S. S.

Agreed to by the Senate. Tho^ Mathews Sr H. D

Ex^ Ex^

Monday the 5**" of December 1791.
Resolved that the sixth Article of the Amendments pro-
posed by Congress to the Constitution of the United States
be ratified by this Commonwealth.

December 15'*" 1791. John Pride S. S.

Agreed to by the Senate. Tho^ Mathews Sr H. D

Ex^ Ex^

Monday the 5*^ of December 1791.
Resolved that the seventh Article of the Amendments
proposed by Congress to the Constitution of the United
States be ratified by this Commonwealth.

December 15'*" 1791. John Pride S. S.

Agreed to by the Senate. Tho^ Mathews Sr H. D

Ex^ Ex^

Monday the 5'*" of December 1791.
Resolved that the eighth Article of the Amendments pro-

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389

posed by Congress to the Constitution of the United States
be ratified by this Commonwealth.

December 15'^ 1791 John Pride S. S.

Agreed to by the Senate. Tho^ Mathews Sr H. D

Monday the 5**" of December 1791.
Resolved that the ninth Article of the Amendments pro-
posed by Congress to the Constitution of the United States
be ratified by this Commonwealth.

December 15**" 1791. John Pride S. S.

Agreed to by the Senate. Tho^ Mathews S. H. D

Ex^ Ex^

Monday the 5^*" of December 1791.
Resolved that the tenth Article of the Amendments pro-
posed by Congress to the Constitution of the United States
be ratified by this Commonwealth.

December 15^^ 1791. John Pride S. S.

Agreed to by the Senate. Tho^ Mathews Sr H D

Ex^ Ex^

Monday the 5'^ of December 1791.
Resolved that the eleventh Article of the Amendments
proposed by Congress to the Constitution of the United
States be ratified by this Commonwealth.

December 15**" 1791. John Pride S. S.

Agreed to by the Senate. Tho^ Mathews S. H. D

Ex^ Ex^

Monday the 5**" of December 1791.
Resolved that the twelfth Article of the Amendments

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390

proposed by Congress to the Constitution of the United
States be ratified by this Commonwealth.

December 15*** 1791. John Pride S. S.

Agreed to by the Senate. Tho^ Mathews Sr H. D

[indorsement.]

Ex^
Ex^

Note. — The first ten amendments to the Constitution, proposed to the legislatures of the
several States by the First Congress, September 25, 1789, were ratified by eleven States, and
the facts of the ratification were communicated to Congress by the President as follows :
Maryland, January 25, 1790; New Hampshire, February 15, 1790; Delaware, March 8,
1790; Pennsylvania, March 16, 1790; South Carolina, April I, 1790; New York, April
5» 1790 ; North Carolina, June 11, 1790; Rhode Island, June 30, 1790; New Jersey,
August 6, 1790; Virginia, December 30, 1791; Vermont, January 18, 1792. There is no
evidence of the ratification of these amendments by Massachusetts, Connecticut, and Georgia.

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Third

Congress of the United States :

At the First session,

Begun and held at the City of Philadelphia, in the State

of Pennsylvania, on Monday the Second of December one

thousand seven hundred and ninety-three.

Resolved by the Senate and House of Representatives of

the United States of America, in Congress assembled, two

thirds of both Houses concurring, that the following Article

be proposed to the Legislatures of the several States, as an

amendment to the Constitution of the United States ; which

when ratified by three-fourths of the said Legislatures shall

be valid as part of the said Constitution, viz:

The Judicial power of the United States shall not be

construed to extend to any suit in law or equity, commenced

or prosecuted against one of the United States by Citizens

of another State, or by Citizens or Subjects of any Foreign

State.

Frederick Augustus Muhlenberg Speaker

of the House of Representatives.

(Vice President of the United States
John Adams, ] , ^ . , r , ^

(.and President of the Senate.

John Beckley,... Clerk of the House of Repre-

Attest . . ^ sentatives.

Sam. a. Otis Secretary of the Senate.

391

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Virginia to wit

In the House of Delegates, Saturday November the 1 5*

1794

Resolved that the amendment proposed by the third Con-
gress of the United States at the first Session begun and
held at the City of Philadelphia in the State of Pennsylvania
on Monday the second day of December One thousand seven
hundred and ninety three to the Constitution of the United
States in the words following to wit **The Judicial power
of the United States shall not be construed to extend to any
suit in law or equity commenced or prosecuted against one
of the United States by Citizens of another State, or by Citi-
zens or Subjects of any foreign State'* be ratified by this
Commonwealth

Attest

(signed) Charles Hay C: H. D.
Tuesday November the 18* 1794,

Passed the Senate

(Sign'd) H : Brooke C. S.
A true Copy from the Original deposited in the Office
of the General Assembly

Attest

John Stewart C: R:
Virginia to wit

I do hereby Certify that John Stewart esquire
who attests the above Copy of a Resolution of the

General Assembly of the Commonwealth of Vir-

392

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393
ginia, is Clerk of the House of Delegates, and
fsEAL.! Keeper of the Rolls, and that full faith and Credit
ought to be given to all his Attestations as Such.

Given under my hand as Governor of the said
Commonwealth at Richmond this 5* day of January
one thousand Seven hundred and Ninety Eight.

James Wood.

[indorsement.]

Act of Virginia
ratifying the amendment proposed to be added to the Con-
stitution as to the suability of a State
Nov. 18. 1794

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Kentucky Frankfort Nov' ii'^ 1797
Sir

I do myself the honour of enclosing to you a Copy of an
Act of the Legislature of this state Ratifiing the proposed
amendment of Congress to the Constitution of the United
States respecting the suability of States,

I am Sir with respect & Esteem

Y' Most Ob' Serv'

James Garrard

An Act to ratify an amendment of the constitution of the
United States, proposed by congress to the legislatures of.
the several states.

^^ Whereas it is provided by the 5*^ article of the constitution
of the United States of America, that Congress, whenever
two thirds of both houses shall deem it necessary, shall pro-
pose amendments to the said constitution, which shall be
valid to all intents and purposes as part of the said constitu-
tion when ratified by the legislatures of three fourths of the
several states : And whereas, at a session of the congress
of the United States, begun and held at the city of Philadel-
phia on the 2^ day of December 1793, it was resolved by the
Senate and house of Representatives in Congress assembled,
two thirds of both houses concurring, that the following
amendment be proposed to the Legislatures of the several

States, which amendment, when ratified as aforesaid, to be

394

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395

valid to all intents & purposes as part of the said constitu-
tion, to wit: ** The judicial power of the United States, shall
**not be construed to extend to any suit in law or equity,
"commenced or prosecuted against any one of the United
** States by citizens of another state, or by citizens or sub-
**jects of any foreign state/*

Be it therefore enacted by the General Assembly, that the
aforesaid amendment be, and the same is hereby ratified &
confirmed.

Ro. Breckinridge, Spea. H. Rep.
John Campbell, Speaker of the

Senate P. T.
Approved Dec^ 7* 1794

Isaac Shelby, Governor of Kentucky

Secretary's Office, Frankfort

H'** Nov' 1797.
i hereby certify that the copy hereunto annexed, of ** An
**Act to ratify an amendment of the constitution of the
** United States, proposed by congress to the legislatures
**of the several states,'* faithfully corresponds with the orig-
inal, deposited in this office.

Harry Toulmin, Secretary of State.

James Garrard, Governor of the Commonwealth
[seal.] of Kentucky, to all to whom these presents shall

come. Greeting :
Know ye, that Harry Toulmin, whose name is subscribed
to the above certificate, was at the time of subscribing the
same, and now is. Secretary of State to this Commonwealth,
duly appointed and commissioned, and full faith is, and ought,
to be given to the said certificate.

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396

In testimony whereof, I have hereunto set my hand, and
caused the Seal of the State to be affixed, at Frankfort, on
this 15* day of November, in the year of our Lord one thou-
sand, seven hundred, and ninety seven.

James Garrard
By the Governor

Harry Toulmin,

Secretary.

[indorsement.]

Act of Kentucky
ratifying the amendment proposed to be added to the Con-
stitution as to the suability of a State
7. Dec. 1794

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At a Session of the General Assembly of Maryland,
begun and held at the City of Annapolis on Monday th^
third of November, and ended the twenty seventh day of
December, in the year of our Lord one thousand seven hun-
dred and ninety four. Among others the following Law was
Enacted to wit:

John Hoskins Stone, Esquire Governor,
N"* 27. An Act to ratify an amendment of the Constitu-
tion of the United States of America proposed by Congress
to the legislatures of the several States.

Whereas it is provided by the fifth Article of the constitu-
tion of the United States of America, that Congress, when-
ever two thirds of both houses shall deem it necessary, shall
propose amendments to the said Constitution, or on the
application of the legislatures of two thirds of the several
States, shall call a convention for proposing amendments,
which in either case shall be valid to all intents and purposes
as part of the said Constitution, when ratified by the Legis-
latures of three fourths of the several States or by conven-
tions in three fourths thereof as the one or the otKer modes
of ratification may be proposed by the Congress: And
whereas the third Congress of the United States at the first
Session begun and held at the City of Philadelphia in the
State of Pennsylvania on monday the second of December
one thousand seven hundred and ninety three, Resolved,
by the Senate and house of representatives of the United
States of America in Congress assembled, two thirds of both

Houses concurring, that the following Article be proposed

397

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398

to the Legislatures of the several States, as an amendment
to the Constitution of the United States, which when rati-
fied by three fourths of the said Legislatures shall be valid
as part of the said Constitution viz' The judicial power of
the United States shall not be construed to extend to any
suit in Law or Equity, commenced or prosecuted against
one of the United States by Citizens of another State or
by Citizens or subjects of any foreign State.

Be it Enacted by the General Assembly of Maryland,
that the aforesaid amendment be and it is hereby confirmed

and ratified.

J. H. Stone,

By the House of Delegates By the Senate

Dec' 25**^ 1794. Dec 26. 1794.

Read and assented to Read and assented to.

By Order By order

W^* Harwood, Clk, N : Pinkney Clk

The great seal in wax appendant

State of Maryland to wit:

taken

I hereby Certify that the aforegoing is truly^from Liber
J G. N° 2. folio 184. one of the Law record books of the
State of Maryland remaining in the General Court office
for the Western Shore of the State aforesaid.

In Testimony whereof I have hereunto set my hand
and affixed the seal of the said General Court this
[seal.] tenth day of August Anno Domini one thousand
seven hundred and ninety seven, And in the twenty
second year of the Independence of the said State.
John Gwinn Clerk, Gen' Court

West" Shore. State of Mary^

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399

State of Maryland ss.

I John Hoskins Stone Gover and commander in chief
in the State of Maryland do hereby certify and make known
unto all persons to whom these presents shall come or may
in any manner concern, That John Gwinn Esq*^ who appears
to have signed the aforegoing certificate was at the time of
subscribing the same and still is Clerk of the General Court
for the Western Shore of Maryland, and to all certificates by
him given and to which he hath subscribed his name, full
faith and credit is due and Ought to be given as well in all
Courts of Justice as thereout — And I do further certify and
make known to all persons, that the aforegoing Act entuled.
**an act to ratify an amendment of the Constitution of the
United States of America proposed by Congress to the Leg-
islatures of the Several States '' was passed at a Session of
the General Assembly of Maryland begun and held at the
City of Annapolis on Monday the third day of November Sev-
enteen Hundred & Ninety four and which was duly signed,
sealed and recorded among the Law Records of the Said
State and the aforegoing is a True Copy taken from the
same, which hath been duly Collated with the Original Act —

Given under my hand and the Seal of the State of Mary-
land at the City of Annapolis on the Eleventh day of August
in the year of our Lord One Thousand Seven Hundred &
ninety Seven and in the year of our Independence the

Twenty Second —

J. H. Stone

[indorsement.]

An Act of the General Assembly of Maryland, entitled, ** an
act to ratify an amendment of the constitution of the United

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400

States of America proposed by Congress to the Legislatures
of the several States/'
passed Dec. 26. 1794.

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State of Connecticut,

At a General Assembly of the State of Connecticut, held
at Hartford in said State, on the second Thursday of May,
Anno Domoni 1794.

Whereas, the Congress of the United States, hath pro-
posed to the Legislatures of the several States, as an Amend-
ment, to the Constitution of the United States, an article in
the words following Viz, *'The Judicial Power of the United
** States shall not be construed to extend to any suit in Law,
*'or Equity, Commenced or prosecuted against one of the
*' United States, by Citizens of another State, or by Citizens
**or Subjects of any foreign State ; Resolved by the Gover-
nor, Council, and House of Representatives, in General
Court Assembled that the said Article be, and the same
hereby is, Approved of Adopted and Ratified, as part of the
Constitution of the United States.

A true Copy from the public Records of the State
of Connecticut, and in Testimony whereof the Seal
[seal.] of said State is hereunto affixed at Hartford this
sixteenth day of September A Dom 1797 —

By Samuel Wyllys Secretary

4 AP 6. 401

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State of North Carolina

By Richard Dobbs Spaight Governor, Captain Gen-
eral & Commander in chief in and over the said
State.
To all whom these presents may come Greeting

^ Know ye, That James Glasgow Esq' who hath signed

w W & attested the Copy of an act of the General Assem-

^ O bly of the state aforesaid which is hereto annexed
is Secretary of the said state and that all due faith

> o

-t bd

W C/3

o ^ and credit is and ought to be paid to such his Sig-
H c nature and attestation.

lLj X

^ In Testimony whereof I have hereunto set my han d

& Caused the great seal of the state to be hereto
affixed at New Bern this loth day of March A. D.
1795. & 19th of the independence of said state
By command

Fran^ Hawks P Sec^'

An Act ratifying an Amendment to the Constitution of

the United States of America

Whereas the third Congress of the United States of
America at the first Session thereof begun and held at the
City of Philadelphia in the State of Pennsylvania on Mon-
day the second day of December one thousand seven hun-
dred and ninety three did pass the following Resolve two
thirds of both houses concurring Viz* Resolved by the Sen-
ate and House of Representatives of the United States of

402

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403

America in Congress assembled, two thirds of both houses
concurring, that the following Article be proposed to the Leg-
islatures of the several states as an amendment to the Con-
stitution of the United States which when ratified by three
fourths of the said Legislatures shall be valid as part of the
said Constitution Viz' The judicial power of the United
States shall not be construed to extend to any Suit in Law
or Equity commenced or prosecuted against one of the
United States by Citizens of another State or by Citizens or
Subjects of any foreign State

Be it therefore Enacted by the General Assembly of the
State of North Carolina and it is hereby Enacted by the Au-
thority of the same That the said Article Viz' The Judicial
power of the United States shall not be construed to extend
to any Suit in Law or Equity commenced or prosecuted
against one of the United States by Citizens of another State
or by Citizens or Subjects of any foreign State be and the
same is hereby ratified on the part of this State as an amend-

ment to the Constitution of the United States of America.

W^ Lenoir S S.
Timothy Bloodworth S. H C

Read three times and Ratifyed in
general Assembly the 7'** day of
February 1795.

State of North Carolina
I James Glasgow Secretary of the State hereby certify the
foregoing to be a Copy of the Original Act filed in the Secre-
tarys Office In Testimony whereof I have hereto set my
Hand this 20'** day of February 1795

J Glasgow

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404
[indorsement.]
North Caro

**An Act ratifying an amendment to the Constitution of
the United States of America/*
passed 7 february 1795.
inclosed in a letter from Gov' Spaight of 10 March 1795.

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Sir

In answer to your favour respecting the proceedings of our
Legislature on the recommendation of Congress relative to
the Suability of a State I have the honour to inform you that
our Legislature have not yet decided on the same, but that
I intend again to submit it to their consideration at their
ensuing session in November
With respect

I am Sir Your

Most Obedient

Charles Pinckney
October lo: 1797

In Charleston,
To

The Honourable Timothy Pickering

Sir '

I had the honour of informing you by a former letter that our

Legislature had not yet decided on the recommendation of

the

Congress relative to the suability of^individual states in the
courts of the United States — lest any accident should have
happened to my former Letter by the post as now too fre-
quently is the case I take the liberty of transnlitting this by
Major Pinckney who leaves us for Congress to morrow — I
hope you & the Secretary at War have received my Dis-
patches relative to Fort Johnston & the Militia of this state

405

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4o6

& that I shall hear from you upon those subjects as soon as

you conveniently can

I am sir with respect

Your most obedient servant

Charles Pincknev

October 22: 1797

In Charleston,
To

The Honourable Timothy Pickering

[indorsement.]

Gov*^ Ch* Pinckney
Oct. 22. 1797. rec** Nov. 25.

Sir

I have the honour to transmit you the ratification on the part

of the Legislature of this state of the Amendment proposed

by Congress to the Constitution of the United States relative

to the Suability of the individual states in the federal

courts — I am Sir with due respect Your most obedient

Charles Pincknev

December 26, 1797

In Charleston
To

The Honourable Timothy Pickering

[indorsement.]

South Carolina

Governor Cha' Pinckney

26 December 1797

rec*^. 17 Jan^ 1798

transmitting ratification of the amendment as to the suability

of a State.

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407 •

In the House of Representatives Dec*^ i" 1797.
Whereas the Senate and House of Representatives of the
United States of America assembled — Two thirds of both
Houses having concurred, have recommended that the follow-
ing Article be ratified as an amendment to the Constitution
of the United States — Viz'

**The Judicial power of the United shall not be con-"
**strued to extend to any suit in Law or Equity, com-'*
*'menced or prosecuted against One of the United'*
** States by Citizens of another State, or by Citizens''
**or Subjects of any foreign State" —
Therefore

Resolved That the said Article be and the same is hereby
ratified and adopted by the Legislature of this State as part
of the Constitution of the United States
Resolved That this House do agree to the above Resolution
By order of the House.

Robert Barnwell Speaker of the

House of Representatives

In the Senate Dec' 4^** 1797
Resolved That this House do concur with the House of
Representatives in the foregoing resolution
By order'of the Senate.

David Ramsay
President of the Senate

Note. — The eleventh amendment was declared by the President, in a message to Congress -
dated January 8, 1798, to have been ratified by three-fourths of the States.

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EIGHTH CONGRESS OF THE UNITED STATES;

AT THE FIRST SESSION,

Begun and held at the city of Washington, in the territory
of Columbia, on Monday, the seventeenth of October,
one thousand eight hundred and three.

Resolved by the Senate and House of Representatives of
the United States of America, in Congress assembled. Two
thirds of both houses concurring, that in lieu of the third
paragraph of the first section of the second article of the
constitution of the United States, the following be proposed
as an amendment to the constitution of the United States,
which when ratified by three-fourths of the legislatures of the
several states, shall be valid to all intents and purposes, a3
part of the said constitution, to wit:

The Electors shall meet in their respective states, and
vote by ballot for President and Vice-President, one of
whom, at least, shall not be an inhabitant of the same state
with themselves; they shall name in their ballots the per-
son voted for as President, and in distinct ballots the person
voted for as Vice-President, and they shall make distinct lists
of all persons voted for as President, and of all persons

voted for as Vice-President, and of the number of votes for

408

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409

each, which lists they shall sign and certify, and transmit
sealed to the seat of the government of the United States,
directed to the President of the Senate; — The President of
the Senate shall, in the presence of the Senate and House
of Representatives, open all the certificates and the votes
shall then be counted; — The person having the greatest
number of votes for President, shall be the President, if
such number be a majority of the whole number of Electors
appointed ; and if no person have such majority, then from
the persons having the highest numbers not exceeding three
on the list of those voted for as President, the House of
Representatives shall choose immediately, by ballot, the
President. But in choosing the President, the votes shall be
taken by states, the representation from each state having
one vote ; a quorum for this purpose shall consist of a
member or members from two-thirds of the states, and a ma-
jority of all the states shall be necessary to a choice. And
if the House of Representatives shall nof phoose a Presi-
dent whenever the right of choice shall devolve upon them,
before the fourth day of March next following, then the
Vice-President shall act as President, as in the case of
the death or other constitutional disability of the President. —
The person having the greatest number of votes as Vice-
Presidenti shall be the Vice-President, if such number be a
majority of the whole number of Electors appointed, and if
no person have a majority, then from the two highest
numbers on the list, the Senate shall choose the Vice-
President; a quorum for the purpose shall consist of two-
thirds of the whole number of Senators, and a majority of
the whole number shall be necessary to a choice. But no
person constitutionally ineligible to the office of President

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4^o

shall be eligible to that of Vice-President of the United
States.

Nath^ Macon Speaker of the House

of Representatives.
A. Burr Vice-President of the United

States, and President of the Senate.
Attest —

John Beckley. — Clerk of the House of Representatives.
Sam: A. Otis Secretary of the Senate.

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An Act
to ratify an amendment to the Constitution of the United
^ States of America proposed by Congress to the Legislatures
of the several States,

Whereas it is provided by the fifth article of the Consti-
tution of the United States of America, that Congress when-
ever two thirds of both Houses shall deem it necessary shall
propose amendments to the said Constitution or on the
application of the Legislatures of two thirds of the several
states shall call a convention for proposing amendments
which in either case shall be valid to all intents and pur-
poses, as part of the said Constitution whefi ratified by the
Legislatures of three fourths of the several States or by
conventions in three fourths thereof as the one or the other
mode of ratification may be proposed by the Congress.
And whereas at the first Session of the Eighth Congress of
the United States begun and held at the city of Washington
in the Territory of Columbia on monday the seventeenth
day of October in the year of our Lord One thousand Eight

Three

hundred and^it was Resolved as folio we th to wit, Resolved
by the Senate and House of Representatives of the United
States of America in Congress assembled two thirds of both
Houses concurring that in lieu of the third paragraph of the
first Section of the Second article of the Constitution of
the United States the following be proposed as an amend-
ment to the Constitution of the United States which when
ratified by three fourths of the Legislatures of the several

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4'2

States shall be valid to all intents and purposes as part of
the said Constution to wit The Electors shall meet in their
respective states and vote by ballot for President and Vice
President one of whom at least shall not be an Inhabitant of
the same State with themselves ; they shall name in their
ballots the person voted for as President and in distinct bal-
lots [**the ballots" stricken out] the person voted for as
Vice-President, and they shall make distinct lists of all per-
sons voted for as President and of all persons voted for as
Vice President, and of the number of votes for each which
List they shall sign and certify and transmit sealed to the
Seat of the Government of the United States directed to the
President of the Senate, The President of the Senate shall in
the presence of the Senate and House of Representatives
open all the Certificates and the votes shall then be counted ;
The person having the greatest number of votes for Presi-
dent, shall be the President if such number be a majority of
the whole number of Electors appointed ; and if no person
have such majority, then from the persons having the highest
numbers not exceeding three on the list of those voted for
as president the House of Representatives shall choose
immediately by Ballot the President, But in choosing the
president, the votes shall be taken by States the representa-
tion of each State having one vote a quorum for this pur-
pose shall consist of a member or members from two thirds
of the States and a majority of all the States, shall be neces-
sary to a choice. And if the House of Representatives shall
not choose a President whenever the right of choice shall
devolve upon them before the fourth day of march next fol-
lowing then the Vice President shall act as President as in
the case of, the death or other Constitutional disability of the

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413

President, The person having the greatest number of Votes
as Vice President shall be the Vice President if such number
be a majority of the whole number of Electors appointed,
and if no person have a majority then from the two highest
numbers on the List the Senate shall choose the Vice Presi-
dent, a quorum for the purpose shall consist of two thirds of
the whole number of Senators, and a majority of the whole
number shall be necessary to a choice.

But no person constitutionally ineligible to the office of
President shall be eligible to that of Vice President of the
United States.

Be it enacted by the General Assembly of Maryland That
the aforesaid amendment be and it is hereby confirmed and
ratified —

I hereby certify that the aforegoing is a true copy from
the original passed November Session Eighteen hundred and
Three.

W^ Harwood CI. Ho De

State of Maryland

[indorsement.]

Ratification of an Amendment to the constitution

Ho. Del. Maryland
Ratification of an Amendment to the U S by the Legislature

of Maryland, received from the President December 30th

1803.

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Richmond December 20*^ 1803.
Sir,

I have this day sent to the General Assembly your letter

and the copy of an Article of Amendment proposed by

Congress to be added to the Constitution of the United

States respecting the election of President and Vice Presi-

inclosed therein

dent. They would have been earlier communicated to the

Legislature could I have done it in my official Character.
They were received when I was only a private Citizen.
I am with high respect

& Esteem Sir

Your most obed' Serv'

John Page

[indorsement.]

Page Go' Richm*^ Dec. 20. 03. rec*^ Dec. 27.
John Page
^ 20 Dec' 1803

General Assembly begun and held at the Capitol in
the City of Richmond, on Monday, the fifth day of
December in the year of our Lord one thousand eight
hundred and three, and of the Commonwealth the
twenty eighth.
Resolved by the General Assembly of Virginia, that the

Amendment to the Constitution of the United States, pro-

414

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415

posed at the first Session of the eighth Congress, by a reso-
lution of the Senate and house of representatives of the
United States, in Congress assembled, to the several State
Legislatures, be, and the same is hereby upon the part of
this Legislature, ratified and made a part of the constitution
of the United States ; which amendment is in the following
words :

The electors shall meet in their respective states, and
vote by ballot for president and Vice-president, one of whom,
at least, shall not be an inhabitant of the sarfie state with
themselves ; they shall name in their ballots the person voted
for as president, and in distinct ballots, the person voted for
as vice-president ; and they shall make distinct lists of all
persons voted for as president, and of all persons voted for
as vice-president, and of the number of votes for each ; which
lists they shall sign and certify, and transmit sealed to the
seat of the government of the United States, directed to the
president of the Senate ; the president of the senate shall, in
the presence of the Senate and house of representatives,
open all the certificates, and the votes shall then be counted.
The person having the greatest number of votes for presi-
dent, shall be the president, if such number be a majority of
the whole number of electors appointed ; and if no person
have such majority, then from the persons Jiaving the highest
numbers, not exceeding three, on the list of those voted for
as president, the house of representatives shall choose imme-
diately, by ballot, the president ; but, in choosing the presi-
dent, the votes shall be taken by states, the representation
from each state having one vote. A quorum for this pur-
pose, shall consist of a member or members from two thirds
of the states ; and a majority of all the states, shall be neces-

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4i6

sary to a choice. And if the house of representatives shall
not choose a president, whenever the right of choice shall
devolve upon them, before the fourth day of March next fol-
lowing, then the vice-president shall act as president, as in
the case of the death, or other constitutional disability of the
president.

The person having the greatest number of votes as vice-
president, shall be the vice-president, if such number be a
majority of the whole number of electors appointed ; and if
no person have a majority, then from the two highest num-
bers on the list, the senate shall choose the vice-president. A
quorum for the purpose, shall consist of two thirds of the
whole number of senators, and a majority of the whole num-
ber, shall be necessary to a choice.

But no person constitutionally ineligible to the office of

president, shall be eligible to that of vice-president of the

United States.

Francis Brooke

the

Speaker of Senate

H^ Holmes Sp^ h D

a true copy from the Roll, as deposited in the office of

the House of Delegates.

J: Pleasants, jur. C. H. D.

[indorsement.]

Dec"^ 5^^ 1803.

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Chillicothe January 2"* 1804
Sir

at the request of the Senate and House of Representa-
tives of the State of Ohio, I herewith forward you, a certified
copy of an Act in tided an **Act declaring the assent of the
General Assembly of the State of Ohio to an amendment
proposed by the Congress of the United States, in lieu of the
third paragraph of the first section of the second article of
the constitution of the United States,'*

with great respect, I have the honor to be
Sir your ob* Serv*

Edward Tiffin
The Hon^^=

The Speaker of the House of Representatives
of the United States.

[indorsement.]

Letter from Edward Tiffin, governor of the State of Ohio,
transmitting a certified copy of an act of the legislature
thereof declaring their assent to an amendment proposed
by the Congress of the United States, in lieu of the third
paragraph of the first section of the second article of the
Constitution of the United States.

13*^ January, 1804.

Read and ordered to lie on the table.
4 AF 7. 4*7

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4i8

An Act declaring the assent of the General Assembly of
the State of Ohio to an Amendment proposed by the Con-
gress of the United States in lieu of the third Paragraph of
the first section of the second Article of the Constitution
of the United States.

Sec I. Be it enacted by the General Assembly of the State of
Ohio That whereas it is provided by the fifth Article of the
Constitution of the United States of America, that Congress
whenever two thirds of both Houses shall deem it necessary,
shall propose amendments to the said Constitution, or on the
application of the Legislatures of two thirds of the several
States shall call a Convention for proposing amendments
which in either Case shall be valid to all intents and purposes
as part of the same Constitution when ratified by the Legisla-
tures of three fourths of the several States, or by Conventions
in three fourths thereof as the one or the other mode of rati-
fication may be proposed by the Congress — And whereas at a
Session of the Congress of the United States, Begun and held
at the City of Washington in the Territory of Columbia, on
monday the seventeenth of October One thousand eight hun-
dred and three. It was Resolved by the Senate and House of
Representatives of the United States of America in Congress
assembled, two thirds of both Houses concurring that in lieu
of the third paragraph of the first Section of the second
Article of the Constitution of the United States, the following
be proposed as an amendment to the Constitution of the
United States, which when ratified by three fourths of the
Legislatures of the several States shall be valid to all intents
and purposes as part of the said Constitution, to wit. **The
electors shall meet in their respective States, and vote by
Ballot for President and Vice-President, one of whom, at

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419

least, shall not be an Inhabitant of the same State with them-
selves, they shall name in their ballots the person voted for
as President, and in distinct ballots, the person voted for as
Vice-President, and they shall make distinct lists of all per-
sons voted for as President, and of all persons voted for as
Vice-President and the number of Votes for each, which lists
they shall sign and certify and transmit sealed to the Seat of
Government of the United States, directed to the President
of the Senate ; the President of the Senate shall, in the pres-
ence of the Senate and House of Representatives, open all
the Certificates and the votes shall then be counted; The
person having the greatest number of Votes for President
shall be the President, if such number be a majority of the
whole number of electors appointed; and if no person have
such majority then from the persons having the highest num-
bers not exceeding three on the list of those voted for as
President, the House of Representatives shall choose immedi-
ately by ballot the President. But in choosing the President
the votes shall be taken by States, the representation from
each State having one Vote ; a quorum for this purpose shall
consist of a member or members from two thirds of the
States, and a majority of all the States shall be necessary to
a choice. And if the House of Representatives shall not
choose a President whenever the right of choice shall devolve
upon them before the fourth day of March next following,
then the Vice-President shall act as President; as in the case
of the Death or other constitutional disability of the Presi-
dent. The person [** having'* erased] having the greatest
number of Votes as Vice-President, shall be the Vice-Presi-
dent if such number be a majority of the whole number of
electors appointed and if no person have a majority then

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420

from the two highest numbers on the list, the Senate shall

choose the Vice-President; a quorum for the purpose shall

consist of two thirds of the whole number of Senators, and

a majority of the whole number shall be necessary to a

Choice.

But no person constitutionally ineligible to the office of

President shall be eligible to that of Vice-President of the

United States''

Sec 2. Be it further enacted, That the aforesaid Amendment

to the Constitution of the United States, be and is hereby

assented to confirmed and Ratified.

Elias Langham Speaker of the

House of Representatives

Nath: Massie

Speaker of the Senate

Copied from the Inrollment
Attest

G^ Hoffman Clerk to the House of

Representatives.
Thomas Scott Clerk of the Senate

[indorsement.]

An Act declaring the assent of the General Assembly of the
State of Ohio to an Amendment proposed by the Congress
of the United States in lieu of the third Paragraph of the first
Section of the second Article of the Constitution of the
United States.

Accompanying a letter from the Governor of the State of
Ohio, received the 13^^ January, 1804.

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421

Second General Assembly of the State of Ohio at the first
Session

Begun and held at the Town of Chillicothe in the County of
Ross on Monday the fifth of December in the year of our
Lord one thousand eight hundred and three.
Resolved by the General Assembly of the State of Ohio,
That the Governor be requested to forward to the Speaker
of the House of Representatives of the United States in
Congress assembled, a Certified Copy of the Act entitled
'*An Act declaring the assent of the General Assembly of
the State of Ohio, to an amendment proposed by the Con-
gress of the United States, in lieu of the third Paragraph
of the first Section of the second Article of the Constitu-
tion of the United States/'

Elias Langham

Speaker of the House of Representatives
Nathaniel Massie
30* December 1 803. Speaker of the Senate

Attest

G^ Hoffman Clerk to the House

of Representatives
Thomas Scott Clerk of the Senate
Copied from the Inrollment
Attest

G^ Hoffman Clerk to the House of

Representatives.
Thomas Scott Clerk of the Senate

[indorsement.]

Accompanying a letter from the Governor of the State of
Ohio, received the 13*** January, 1804.

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422

In the House of Representatives

of the United States

Monday, the i6'^ of January, 1804.
On motion,

Resolved, that the Speaker of this House be re-
quested to transmit to the Secretary for the department of
State of the United States, the letter from Edward Tiffin,
governor of the state of Ohio, inclosing a certified copy of an
act of the legislature thereof, declaring the assent of the said
legislature to an amendment proposed by Congress, in lieu
of the third paragraph of the first section of the second arti-
cle of the constitution of the United States, which were re-
ceived, read, and ordered to lie on the table, on the thirteenth
instant.

Extract from the Journal

John Beckley, Clk H R.

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(Exemplification)

An Act to ratify on behalf of the State of Pennsylvania an
Amendment to the Constitution of the United States relative
to the choosing of a President and Vice-President of the
United States

Whereas in pursuance of the fifth article of the Constitu-
tion of the United States a certain amendment in lieu of the
third paragraph of the first section of the second article of
the Constitution of the United States has been proposed
by the Congress of the United States two-thirds of both
Houses concurring for the consideration of the Legislature
of the several States And whereas the Legislature of Penn-
sylvania having maturely deliberated thereon have resolved
to adopt and ratify the same as herein after recited as part of
the Constitution of the United States Therefore

Section k Be it enacted by the Senate and House of
Representatives of the Commonwealth of Pennsylvania in
General Assembly met and it is hereby enacted by the au-
thority of the same That the following Amendment of the
Constitution of the United States proposed by the Congress
thereof viz. The Electors shall meet in their respective
States and vote by ballot for President and Vice-President
one of whom at least shall not be an inhabitant of the same
State with themselves they shall name in their ballots the
person voted for as President and in distinct ballots the per-
son voted for as Vice-President and they shall make distinct

lists of all persons voted for as President and^all persons

423

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424

voted for as Vice-President and of the number of votes for
each which lists they shall sign and certify and transmit
sealed to the seat of the government of the United States di-
rected to the President of the Senate The President of the

Senate shall in the presence of the Senate and House of Rep-
then
resentatives open all the certificates and the votes shall^be

counted the person having the greatest number of votes for
President shall be the President if such number be a ma-
jority of the whole number of electors appointed and* if no
person [** shall** stricken out] have such majority then from
the persons having the highest numbers not exceeding three
on the list of those voted for as President The House of
Representatives shall choose immediately by ballot the Presi-
dent but in choosing the President the votes shall be taken
by States the representation from each State having one
vote a quorum for this purpose shall consist of a member or
members from two-thirds of the States and a majority of all
the States shall be necessary to a choice and if the House of
Representatives shall not choose a President whenever the
right of choice shall devolve upon them before the fourth
day of March next following then the Vice-President shall
act as President as in the case of the death or other consti-
tutional disability of the President the person having the
greatest number of votes as Vice-President shall be the Vice-
President if such number be a majority of the whole number
of electors appointed and if no person have a majority then
from the two highest numbers on the list the Senate shall
choose the Vice-President a quorum for the purpose shall
consist of two-thirds of the whole number of Senators and a
majority of the whole number shall be necessary to a choice
but no person constitutionally ineligible to the office of Presi-

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425

dent shall be eligible to that of Vice-President of the United
States*' in lieu of the third paragraph of the first section of
the second article of the Constitution of the United States be
and it is hereby ratifyed on behalf of the State of Pennsyl-
vania to become when ratified by the Legislatures of three-
fourths of the Several States part of the Constitution of the
United States

Simon Snyder Speaker of the House

of Representatives
Robert Whitehill Speaker of the Senate
Approved the seventh day of January in the year of our Lord
one thousand eight hundred & four

Tho^ M : Kean Governor of
the commonwealth of Pennsylvania.

Pennsylvania, ss,
Tho^ M : Kean

In the Name and by the Authority of
[seal.] the Commonwealth of Pennsylvania,

Thomas M^'Kean Governor
of the said Commonwealth,
To all to whom these Presents shall
come, Sends Greeting :

Know ye, That Timothy
Matlack Esquire whose
[coat of arms.] name is subscribed to
the Instrument of Writ-
ing hereunto annexed
was at the time of subscribing the same,
and now is, Master of the Rolls Of the

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426

said Commonwealth, duly appointed and
commissioned. And full Faith and Credit
is and ought to be given to him accord-
ingly

Given under my Hand and the Great
Seal of the State, at Lancaster this twen-
tieth day of January in the year of our
Lord, one thousand eight hundred and
four and of the Commonwealth" the
twenty-eighth
By the Governor,

T. M. Thompson. Sec.
I Timothy Matlack, Master of Rolls, do hereby
Certify, That the annexed writing is a true copy
(or exemplification) of an act of the Legislature of
the State of Pennsylvania, approved by the Gov-
[sEAL.] ernor, duly compared with the original remaining
in my office. Witness my hand & seal of office,
at Lancaster, this nineteenth day of January in the
year of our Lord one thousand eight hundred &

four.

T Matlack M' R

[indorsement.]

(Exemplification)
An Act ratifying on behalf of Pennsylvania an amendment of
the Constitution of the United States relative to the choosing
of a President and Vice President of the United States.

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An Act, declaring the Assent of this State to a certain
Article of Amendment to the Constitution of the United
States. —

It is hereby enacted by the General Assembly of the
State of Vermont, That the Amendment to the Constitution of
the United States, providing for a discrimination of the per-
sons Voted for as President and Vice-President, and other pur-
poses, proposed by the eighth Congress of the United States,
at the first session of that body, begun and holden at the City
of Washington, in the territory of Columbia, on Monday the
seventeenth of October, one Thousand eight hundred and
three, in the words following, viz — ** Resolved by the Senate
and House of Representatives of the United States of
America, in Congress assembled, two thirds of both Houses
concurring, that in lieu of the third paragraph of the first
section, of the second Article of the of the Constitution of
the United States, the following be proposed as an Amend-
ment to the Constitution of the United States, which when
ratified by three fourths of the Legislatures of the several
states, shall be valid to all intents and purposes as part of
the said Constitution, to wit,"

**The Electors shall meet in their respective States, and
vote by ballot for President and Vice-President, one of whom,
at least, shall not be an Inhabitant of the same State with
themselves ; they shall name in their ballots the Person voted
for as President, and in distinct ballots the person voted for

Vice-President ; and they shall make distinct lists for all Per-

427

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428

sons voted for as President, and of all persons voted for as
Vice-President, and of the number of votes for each, which
Lists they shall sign and Certify, and transmit sealed to the
seat of the Government of the United States, directed to
the President of the [**united*' stricken out] Senate; the
President of the Senate shall, in the presence of the Sen-
ate and House of Representatives, open all the Certificates,
and the votes shall then be counted:

The person having the greatest number of Votes for
President, shall be the president, if such Number be a ma-
jority of the whole number of Electors appointed: And if
no person have such majority, then from the persons having
the highest numbers not exceeding three, on the list of those
voted for as President, the House of Representatives shall
choose immediately, by ballot, the President. But in choos-
ing the President, the votes shall be taken by States, the
representation from each State having one vote; a Quorum
for this purpose shall consist of a Member or Members from
two thirds of the States, and a majority of all the States shall
be necessary to a Choice. And if the House of Representa-
tives, shall not choose a President, whenever the right of
choice shall devolve upon them, before the fourth day of
March next following, then the Vice-President, shall act as
President, as in the Case of the death, or other Constitu-
tional disability of the President/'

**The person having the greatest Number of Votes as
Vice-President, shall be the Vice-President if such number be
a majority of the whole Number of Electors appointed, and
if no person have a Majority, then from the two highest num-
bers on the list, the Senate shall choose the Vice-President;
a quorum for the purpose shall consist of two thirds of the

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429

whole number of Senators, and a majority of the whole
number shall be necessary to a Choice/'

•'But no person constitutionally ineligible to the Office
of President shall be eligible to that of Vice-President of
the United States'' — Be and the same is hereby ratified. —
State of Vermont. —

I David Wing Jun' Secretary of the State of Ver-
mont, do hereby Certify the above, and foregoing
[seal.] is a true Copy, or Exemplification of an Act passed
by the Legislature of this State, this day, and de-
posited in my Office according to Latv.
In testimony whereof, I hereunto set my hand, and seal
of Office, at Windsor the thirtieth day of January in the
Year of our Lord one thousand eight hundred and four. —

D. Wing Jun'

[indorsement.]

Assent of the Legislature of Vermont to an Amendment of
the Constitution of the United States, touching the election
of President and Vice President.

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At the General Assembly of the State of Rhode Island
and Providence Plantations, begun and holden by Adjourn-
ment, at Providence, on the last Monday of February, One
Thousand Eight Hundred and four.

Whereas the Congress of the United States, at the Ses-
sion thereof begun and holden at the City of Washington,
on Monday, the Seventeenth of October, One thousand
Eight Hundred and three, passed the following Resolve, to
wit:

'* Resolved, by the Senate and House of Representatives
of the United States of America, in Congress assembled, two
thirds of both Houses concurring, that in lieu of the third
paragraph of the first section of the second article of the
Constitution of the United States, the following be proposed
as an amendment to the constitution of the United States,
which, when ratified by three-fourths of the legislatures of
the several states, shall be valid, to all intents and purposes,
as part of the said Constitution, to wit :

The electors shall meet in their respective states, and vote
by ballot for President and Vice-President, one of whom, at
least, shall not be an inhabitant of the same state with them-
selves ; they shall name in their ballots the person voted for
as President, and in distinct ballots, the person voted for as
Vice-President ; and they shall make distinct lists of all per-
sons voted for as President, and of all persons voted for as
Vice-President, and of the number of votes for each; which

lists they shall sign and certify, and transmit, sealed, to the

430

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431

seat of the government of the United States, directed to
the President of the Senate. The President of the Senate
shall, in the presence of the Senate and House of Represent-
atives, open all the certificates, and the votes shall then be
counted : The person having the greatest number of votes
for President, shall be the President, if such number be a
majority of the whole number of electors appointed; and if
no person have such majority, then from the persons having
the highest numbers, not exceeding three, on the list of those
voted for as President, the House of Representatives shall
choose, immediately by ballot, the President.

But in choosing the President, the votes shall be taken by
States, the representation from each state having one vote ;
a quorum for this purpose shall consist of a member or mem-
bers from two-thirds of the states, and a majority of all the
states shall be necessary to a choice. And if the House of
Representatives shall not choose a President, whenever the
right of choice shall devolve upon them, before the fourth
day of March, next following, then the Vice-President shall
act as President, as in the case of the death or other consti-
tutional disability of the President.

The person having the greatest number of votes as Vice-
President, shall be the Vice-President, if such number be a
majority of the whole number of electors appointed, and if no
person have a majority, then from the two highest numbers
on the list, the Senate shall choose the Vice-President; a
quorum for the purpose shall consist of two thirds of the
whole number of Senators, and a majority of the whole num-
ber shall be necessary to a choice.. But no person constitu-
tionally ineligable to the office of President, shall be eligible
to that of Vice-President of the United States/'

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432

On due Consideration whereof,
Be it enacted by this General Assembly, and by the
authority thereof it is enacted, that the proposed amendment
above recited, be and the same is hereby approved, and rati-
fied, on the part of this State, as an amendment of the said
Constitution of the United States.
A true Copy:

Attest, Samuel Eddy Secry.
By his Excellency Arthur Fenner Esquire, Gov-

_ _ ernor, Captain-General and Commander in Chief, of
[seal.]

the State of Rhode Island and Providence Planta-
tions.
Be it known, that the name ** Samuel Eddy" subscribed
to the Attestation aforewritten, is the proper hand writing of
Samuel Eddy, Esqr. who at the time of subscribing the same
was, and now is. Secretary of the State aforesaid, duly
elected and engaged according to Law; and that unto his
said Attestation full Faith and Credit are to be rendered.

In Testimony whereof, I have hereunto' set my hand,
and caused the Seal of the said State to be affixed, at
Providence, the twelfth day of March, One thousand
eight hundred and four, and in the twenty-eighth
Year of Independence.

A Fenner,
By his Excellency's Command")
JoN^ Russell D^ Secry)

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[seal.]

State of New-Jersey.

An Act to ratify an Amendment of the Constitution of the
United States.

Be it enacted by the Council and General Assembly of this
State, and it is hereby enacted by the authority of the same,
That the amendment to the Constitution of the United
States, proposed at the first session of the Eighth Congress,
by a Resolution of the Senate and House of Representatives
of the United States, in Congress assembled, to the several
State Legislatures, be, and the same is hereby, upon the part
of this Legislature, ratified and made a part of the Constu-
tion of the United States; which amendment is in the fol-
lowing words, to wit : —

**The Electors shall meet in their respective States, and
vote by ballot for President and Vice-President, one of whom,
at least, shall not be an inhabitant of the same state with
themselves ; they shall name in their ballots the person voted
for as president, and in distinct ballots the person voted for
as Vice-President ; and they shall make distinct lists of all
persons voted for as President, and of all persons voted
for as Vice-President, and of the number of votes for each,
which list they shall sign and certify, and transmit sealed

4 AP 8. 433

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434

to the seat of the Government of the United States, di-
rected to the President of the Senate ; the President of the
Senate shall, in the presence of the Senate and House of
Representatives, open all the Certificates, and the Votes
shall then be counted, the person having the greatest num-
ber of Votes for President, shall be the President, if such
number be a majority of the whole number of Electors ap-
pointed ; and if no person have such majority, then from the
persons having the highest numbers, not exceeding three,
on the list of those voted for as President, the House of
Representatives shall choose immediately, by ballot, the
President. But in choosing the President, the Votes shall
be taken by States, the representation from each State,
having one vote ; a quorum for this* purpose shall consist
of a member or members from two thirds of the States,
and a majority of all the States shall be necessary to a
choice. And if the House of Representatives shall not
choose a President, whenever the right of choice shall de-
volve upon them, before the fourth day of March next fol-
lowing, then the Vice-President shall act as President as
in the case of the death or other constitutional disability of
the President.

The person having the greatest number of Votes as Vice-
President, shall be the Vice-President, if such number be a
majority of the whole number of Electors appointed ; and if
no person have a majority, then from the two highest num-
bers on the list, the Senate shall choose the Vice-President ;
a quorum for the purpose shall consist of two thirds of the
whole number of Senators, and a majority of the whole num-
ber shall be necessary to a choice.

But no person constitutionally ineligi- to the Office of

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435

President, shall be eligible to that of Vice-President of the
United States/' —

Council Chamber, House of Assembly

February i8* 1804. February 22** 1804.

This Bill having been three This Bill having been three

times read in this House. — times read in this House

Resolved that the same Resolved, That the same do

do pass. pass.

By order of Council. By order of the House

Joseph Bloomfield, James Cox Speaker.
President.

I Certify the foregoing to be a true Copy of the Original
Act, remaining on file in the Secretary's Office for the State
of New-Jersey.

John Beatty Sec^.

State of New-Jersey S*

By Joseph Bloomfield

Governor of the State of New-Jersey.

To all to whom these presents shall come.
Know ye, that the. name of John Beatty subscribed to the
Copy hereunto annexed, is the proper hand writing of John

was

Beatty, who at the time of subscribing the same, and now

is, the Secretary in and for the aforesaid State : therefore

all due faith, credit and authority is and ought to be given

to his proceedings and certificates as such :

In Testimony whereof the Great Seal of the State

of New-Jersey is hereunto affixed. Witness the

hand of the said Governor at the City of Trenton

P, -, the twenty third day of february, in the year of our
I seal, I

Lord Eighteen Hundred and four and in the twenty

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436

eighth year of the Independence of the United
States of America. —

Joseph Bloomfield.
By the Governor.

John Beatty Sec^.

[indorsement.]

Act of the State of New Jersey, ratifying an Amendment of
the Constitution of the United States, concerning the elec-
tion of President and Vice-President.

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At a General Assembly of the State of Connecticut,
hold'en at the City of Hartford, on the second Thursday
of May, Anno Domini, One Thousand Eight Hundred and
four. —

A Resolution, of the Congress of the United States,
in the words following (viz)

'' Eighth Congress of the United States, at the first Ses-
**sion begun and held at the City of Washington, in the
** Territory of Columbia on Monday the Seventeenth of
** October One Thousand Eight hundred and three. —

** Resolved by the Senate and House of Representatives
**of the United States of America in Congress assembled,
" two thirds of both Houses concurring, that in Lieu of the
** Third Paragraph of the First section of the second Arti-
** cle of the Constitution of the United States, the follow-
**ingbe proposed as an amendment to the Constitution of
** the United States which when ratified by three Fourths
**of the Legislatures of the several States, shall be valid
"to all intents and purposes as part of the said Constitu-
"tion (viz). —

**The Electors shall meet in their respective States and
** Vote by ballot for President and Vice President, one of
** whom, at least shall not be an Inhabitant of the same State
** with themselves ; they shall name in their Ballots the Per-
**son Voted for as President, and in distinct Ballots, the
** Person Voted for as Vice President, and they shall make
** distinct Lists of all Persons Vote** for as President, and of

437

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438

**all Persons Voted for as Vice President, and of the number
"of Votes for each which Lists they shall sign and Certify,
**and transmit Sealed to the seat of Government of the
** United States, directed to the President of the Senate ;
**The President of the Senate shall, in Presence of the Sen-
**ate House of Representatives, open all the Certificates, and
*'the votes shall then be Counted; the Person having the
** greatest number of Votes for President shall be the Presi-
*' dent, if such number be a Majority of the whole number of
'* Electors appointed, and if no person have such Majority
'* then from the Persons having the highest numbers, not ex-
** ceeding three, on the list of those Voted for as President,
** the House of Representatives, shall choose amediately by
** Ballot, the President. — but in chusing the President the
''Votes shall be taken by States, the Representation from
'* each State having one Vote ; a Quorum for this purpose
** shall consist of a Member or Members, from two thirds of
*' the States, and a Majority of all the States shall be neces-

** sary to a Choice.

** And if the House of Representatives shall not chuse a
** President, whenever the right of choice shall devolve upon
** them, before the fourth Day of March next following then
** the Vice President shall Act as President, as in the case of
**the Death or other Constitutional disability of the Presi-
**dent, the Person having the greatest number of Votes as
** Vice President shall be the Vice President, if such number,
*' be a Majority of the whole number of Electors appointed,
**and if no person have a Majority of the whole number of
** Electors appointed, and if no Person have a Majority, then
** from the two highest numbers on the List, the Senate shall
** chuse the Vice President a Quorum for the purpose shall

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439

** consist of two thirds of the whole number of Senators,
**and a Majority of the whole number shall be necessary
" to a choice. — But no Person Constitutionally ineligible to
** the Office of President shall be eligible to that of Vice

** President of the United States.

** Attest John Beckley Clerk of the House of Representa-

** tives of the United States —
''Samuel A Otis, Secretary of the Senate of the United

** States-
Having been transmitted to this Assembly, the same was
duly considered, and thereupon it is —

Resolved, that the aforesaid proposed amendment to the
Constitution of the United States —
Be Not Adopted. —

Passed in the Upper House

Test Samuel Wyllys Secretary
Concurred in the House of Representatives. —
Attest Nathaniel Rossiter Clerk
A true Copy of Record
Examined

By Samuel Wyllys Secretary

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GEORGIA.

BY his Excellency JOHN MILLEDGE, Governor and Com-
mander in Chief of the Army and Navy of this
State, and of the Militia thereof.
To all to whom tJiese presents shall come, GREETING :

Know ve, That Horatio Marbury Esquire who hath

certified as truly copied from the original the annexed act

^of the Legislature of this State is Secretary of the State; in

^ whose Office the Archives of the same are deposited —

r^ THEREFORE all due faith, credit and authority, are and

;:§ ought to be had and given his certificate and attestation as

§ Such —

^ IN testimony whereof, I have hereunto set my hand, and

g caused the Great Seal of this State, to be put, and

P affixed at the State-House, in Louisville, this eighth

g day of September in the year of our Lord, eighteen

hundred and four and of the Independence of the

United States of America the twenty-ninth —

By the Governor.

HoR : Marbury Secy

An Act to declare the approbation and assent of this

State to the amendment of the Constitution of the United

States, proposed by Congress, respecting the Election of

President and Vice-President, and to confirm and ratify the

same on the part of this State.

Whereas the Congress of the United States have

440

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441

resolved, two thirds of both houses concurring, that, in
lieu of the third paragraph of the first section of second
Article of the Constitution of the United States, the fol-
lowing be proposed as an amendment to the Constitution
of the United States, which when ratified by three fourths of
the Legislatures of the several States shall be valid to all
intents and purposes as part of the said Constitution — to
wit — **The Electors shall meet in their respective States and
vote by ballot for President and vice President, one of
whom at least shall not be an inhabitant of the same State
with themselves. They shall name in their ballots the per-
son voted for as President and in distinct ballots the person
voted for as Vice President. And they shall make distinct
lists of all persons voted for as President and of all persons
voted for as Vice President, and of the number of votes
for each; which lists they shall sign and certify and trans-
mit sealed, to the seat of the Government of the United
States, directed to the President of the Senate. The Presi-
dent of the Senate shall in the presence of the Senate and
House of Representatives open all the certificates and the
votes shall then be counted. The person having the great-
est number of Votes for President shall be the President if
such number be a majority of the whole number of Electors
appointed. And if no person have such majority, then from
the persons having the highest numbers, not exceeding three
on the list of those voted for as President, the House of Rep-
resentatives shall choose immediately by ballot the Presi-
dent— but in choosing the President the votes shall be taken
by States, the Representation from each State having one
vote. A quorum for this purpose shall consist of a member
or members from two thirds of the States, and a majority of

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442

all the States shall be necessary to a choice. And if the
House of Representatives shall not choose a President when-
ever the right of choice shall devolve upon them before the
fourth day of March next following then the Vice President
shall Act as President as in the case of the death or o^^er
constitutional disability of the President. The person having
the greatest number of votes as Vice President, shall be the
Vice President if such number be a majority of the whole
number of Electors appointed. And if no person have a
majority then from the two highest numbers on the lists the
Senate shall choose the Vice President. A quorum for the
purpose shall consist of two thirds of the whole number of
Senators, and a majority of the whole number shall be nec-
essary to a choice; but no person constitutionally ineligible
to the Office of President shall eligible to that of Vice Presi-
dent of the United States.''

And Whereas the Senate and House of Representatives
of this State do approve of the said proposed amendment —

Be it therefore enacted by the Senate and House of Rep-
resentatives of the State of Georgia in General Assembly
met, and it is enacted by the authority of the same, that the
said proposed amendment of the Constitution of the United
States above recited, be and the same is hereby assented and
agreed to, confirmed and ratified.

Abr^ Jackson Speaker of the

House of Representatives
David Emanuel President

of Senate.
Assented to May 19^*" 1804

John Milledge

Governor.

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443

Georgia, Secretary of the State's Office,
Louisville 8* September 1804
I do hereby certify that the aforegoing Act is truely
copied from the original which is deposited in this office with
the great seal of the State affixed thereto.

Hor: Marbury Secy

[indorsement.]

Copy Act Legislature of Georgia ratifying 12^*" Article of
amendments to Constitution U. S.

GEORGIA.

BY his Excellency JOHN MILLEDGE, Governor and Com-
mander in Chief of the Army and Navy of this State,
and of the Militia thereof
To all to whom these presents shall come, GREETING:
Know ye. That Horatio Marbury Esquire who hath cer-
*— .tified as truly copied from the Original, the annexed act of
^the Legislature of this State, is Secretary of the State, in
^ whose Office the archives of the same are deposited —
w THEREFORE all due faith, credit and authority, are
w and ought to be had and given his certificate and attestation
as such

IN testimony whereof, I have hereunto set my hand, and
caused the Great Seal of this State, to be put, and af-
fixed at the State-House, in Louisville, this eighth day
of September in the year of our Lord, eighteen hun-
dred and four and of the Independence of the United
States of America the twenty Ninth

By the Governor.

HoR : Marbury Secy

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444
[indorsement.]

rec** in G. R. Claytons
8 Sepf 1804

An Act to declare the approbation and assent of this
State, to the amendment of the Constitution of the United
States, proposed by Congress, respecting the Election of
president and Vice-president, And to confirm and ratify the
Same, on the part of this State.

Whereas the Congress of the United States have Re-
solved (two thirds of bouth Houses concurring) That in lieu
of the third paragraph of the first Section of second article of
the Constitution of the United States, the following be pro-
posed as an amendment to the Constitution of the United
States; Which, when ratified by three fourths of the Legisla-
tures of the several States, shall be Valid to all intents and
purposes, as part of the said Constitution — to wit, **The
Electors shall meet in their respective States, and Vote by
ballot for president and Vice-president; one of whom, at
least, shall not be an inhabitant of the Same State with them-
selves. They shall name, in their ballots, the person Voted
for as president, and, in distinct ballots, the person Voted for
as Vice president. And they shall make distinct lists of all
persons Voted for as president, and of all persons Voted
for as Vice-president, and of the number of Votes for each ;
which lists they shall sign and certify, and transmit sealed,

ihc

to the seat of Government of the United States ; directed to
the president of the Senate. The President of the senate
shall in the presence of the Senate and House of Repre-
sentatives, open all the certificates ; and the Votes shall then

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445

be CcAinted. The person having the greatest number of
Votes for president, shall be the president, if such number
be a majority of the whole number of Electors appointed.
And if no person have such majority, then from the persons
having the Highest numbers, not exceeding three, on the list
of those Vcfted for as president, the House of Representa-
tives, shall choose, immediately, by ballot, the president —
but in choosing the president, the Votes shall be taken by
States; the Representation from each State, having one
Vote. A quorum for this purpose shall consist of a member
or members from two thirds of the States ; and a majority of
all the States shall be necessary to a choice. And if the
House of representatives shall not choose a president when-
ever the right of choice shall devolve upon them, before the
fourth day of March next following, then the Vice-president
shall act as president, as in the case of the death, or other
constitutional disability of the President — The person having

number

the greatest^of Votes as Vice president shall be the Vice
president, if such number be a majority of the whole number
of Electors appointed — and if no person have a majority
then from the two highest numbers on the lists, the Senate
shall choose the Vice president. A quorum for the purpose,
shall consist of two thirds of the whole number of Senators,
and a majority of the whole number shall be necessary to a
choice; but no person Constitutionally ineligible to the Office
of President shall be eligible to that of Vice President of the
United States'' —

And Whereas the Senate and House of Representatives
of this State do Approve of the said proposed amendment.

Be it therefore enacted by the Senate and House of Rep-
resentatives of the State of Georgia in General Assembly

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446

met, and it is enacted by the authority of the same, that the
said Proposed amendment of the Constitution of the United
States above recited — be and the same is hereby assented
and agreed to, Confirmed and ratified —

Abr^* Jackson, Speaker of the House of Representatives.
David Emanuel, president of the Senate
Assented to

May 19^ 1804
Jn^ Milledge

Governor.

Georgia Secretary of the States Office

Louisville S^ September 1804.
I do certify that the foregoing act is truly Copied from the
original which is deposited in this Office with the great Seal
of the said State affixed thereto

Hor: Marbury Secy

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Knoxville August 3. 1804.
Sir

I do myself the honor to inclose you an authenticated
Copy of the Act of the Legislature of this state, ratifying the
proposed Amendment to the Constitution of the United
States of America, relative to the Election of President and
Vice President, which passed by a unanimous vote of both
houses of the Legislature.

You will please acknowledge the receipt of the same as
soon as convenient. —

I am sir, with very great respect
Your M^ Obed' Serv^

John Sevier
Hon*>^

James Madison

Secretary of the Depar* of State

[indorsement.]

Knoxville, Tennessee
Governor Seiver 3 Aug' 1 804

rec** 15 Aug'

An Act ratifying the proposed amendment to the Constitu-
tion of the United States of America relative to the Election
of President and Vice President.

Whereas the Senate and House of Representatives of the

447

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448

United States of America in Congress assembled two thirds
of both houses concuring, Resolved that in lieu of the third
paragraph of the first section of the second Article of the
Constitution of the United States, the following be proposed
as an Amendment to the Constitution of the United States,
which when ratified by three fourths of the Legislatures of
the several States shall be valid to all intents and purposes
as part of the said Constitution, to wit,

The electors shall meet in their respective States and vote
by ballot for President and Vice President one of whom at
least shall not be an inhabitant of the same State with them-
selves ; they shall name in their ballots the person voted for
as President and in distinct ballots the person voted for as
Vice President ; And they shall make distinct lists of all per-
sons voted for as President, and of all persons voted for as
Vice President, and of the number of votes for each which
lists they shall sign and certify and transmit sealed to the
seat of the Government of the United States directed to the
President of the Senate ; the President of the Senate shall
in the presence of the Senate and House of Representatives
open all the Certificates and the votes shall then be counted ;
the person having the greatest number of votes for President
shall be the President if such number be a majority of the
whole number of electors appointed ; And if no person have
such majority then from the persons having the highest
numbers not exceeding three on the list of those voted for
as President the house of Representatives shall choose im-
mediately by ballot the President. But in choosing the
President the votes shall be taken by States the Representa-
tion from each State having one vote: A quorum for this
purpose shall consist of a member or members from two

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449

thirds of the States and a majority of all the States shall be
necessary to a choice.

And if the house of Representatives shall hot choose a
President whenever the right of choice shall devolve upon
them before the fourth day of March next following then
the Vice President shall act as President as in the case
of the death or other constitutional disability of the Presi-
dent.

The person having the greatest number of votes as Vice
President shall be the Vice President if such number be a
majority of the whole number of electors appointed and if
no person have a Majority then from the two highest num-
bers on the list, the Senate shall choose the Vice President
a quorum for the purpose shall consist of two thirds of the
whole number of Senators and a majority of the whole num-
ber shall be necessary to a choice —

But no person Constitutionally ineligible to the Office of
President shall be eligible to that of Vice President of the
United States. —

Therefore Be it enacted by the General Assembly of the
State of Tennessee, That the foregoing proposed amend-
ment to the Constitution of the United States of America is
hereby ratifyed adopted and confirmed to all intents and pur-
poses as part of the aforesaid Constitution. —

James Stuart, Speaker of the

House of Representatives.
James White, Speaker Of

the Senate
July 27th 1804

I William Maclin Secretar>^ of the State of Tennessee,

do hereby Certify that the foregoing instrument of writing is
4 AP 9.

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450

a true Copy of the Original Act, deposited in the Office of the

Secretary of said State —

Given under my hand this 3'** day of August

1 804. —

W^ Maclix\

John Sevier Governor and Commander in chief in and over

the State of Tennessee.

[seal.] To all to whom these presents shall come.

Know ye, that the name *' W™ Maclin'* subscribed to the
within certificate is the proper hand writing of William
Maclin esquire, who is secretary of the aforesaid State of
Tennessee, and in whose office the original Acts of the legis-
lature of said state are deposited. — Therefore all due faith
credit and authority is and ought to be had and given to all
his certificates and proceedings as such. —

In Testimony whereof I have hereunto set my hand and

caused the Great Seal of the State to be affixed at Knoxville

the 3** day of August in the 29th year of our Independence,

and in the year of our Lord one thousand eight hundred and

four. —

John Sevier

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Frankfort (K^) October 12th 1804
Sir

I have the honour to acknowledge the receipt of your
notification of the 24*** Ult** **that the amendment proposed
during the last Session of Congress, to the constitution of
the United States, respecting the manner of voting for a
President and Vice-President of the United States, had been
ratified by the Legislatures of three fourths of the several
States"

And to assure you that I am

with great respect sir

Your Obed' Servant

Christ^ Greenup
James Madison Esq*^

[indorsement.]

Kentucky

Governor 12 Ocf 1804

rec** 2 Nov'

Note. — ^The twelfth amendment was declared in a circular letter of the Secretary of
State to the Governors of the several Stales, dated September 25, 1804, to have been ratified
by the legislatures of three-fourths of the States.

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ELEVENTH CONGRESS OF THE UNITED STATES;

At the Second Session,

Begun and held at the city of Washington in the territory of

Columbia, on Monday the twenty-seventh day of

November, one thousand eight

hundred and nine.

Resolution proposing an amendment to the Constitution of

the United States.
Resolved by the Senate and House of Representatives of
the United States of America, in Congress assembled. Two-
thirds of both Houses concurring, that the following section
be submitted to the legislatures of the several states, which
when ratified by the legislatures of three fourths of the
states, shall be valid and binding, as a part of the constitu-
tion of the United States :

If any citizen of the United States shall accept, claim,
receive or retain any title of nobility or honor, or shall, with-
out the consent of Congress, accept and retain any present,
pension, office or emolument of any kind whatever, from any
emperor, king, prince or foreign power, such person shall
cease to be a citizen of the United States, and shall be inca-
pable of holding any office of trust or profit under them, or

either of them.

J. B. Varnum Speaker of the House

of Representatives.

John Gaillard President of the Senate

pro tempore,

452

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453

I certify that this resolution did originate in the Senate.
Attest

Sam a Otis
Sec^

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Council Chamber Annapolis March 29.
Sir

I have the honor to transmit to you herewith enclosed, an
authenticated Copy of An Act passed by the General Assem-
bly of Maryland at Novem : Session eighteen hundred and
ten, ratifying an Amendment to the Constitution of the
United States proposed by Congress to the Legislatures of
the several States.

I am with Respect

Lev. Winder

[address.]

Ninian Pinkney
Annapolis Md April 5 Free

The Honorable James Monroe
Secretary of State of the United States

Washington

[indorsement.]

Maryl^

Amendm* of Const"

Maryland

Amendment to the Constitution.

13'*^ Art. ratified.

Maryland, Sc*

At a Session of the General Assembly of Maryland,
begun and held at the City of Annapolis, on Monday the

454

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455

fifth of November, and ended on the twenty fifth of Decem-
ber, in the year of our Lord one thousand eight hundred
and ten.

His Excellency Edward Lloyd, Esquire, Governor.

Amongst others the following Law was enacted, to wit :
N"" 162. An Act to ratify an amendment to the constitution
of the United States of America, proposed by Con-
gress to the Legislatures of the several States.

Whereas at the second session of the eleventh Congress
of the United States, begun and held at the City of Wash-
ington, in the territory of Columbia, oA monday the twenty
seventh day of November, one thousand eight hundred and
nine, it was resolved as followeth, to wit: *' Resolved, by the
Senate and House of Representatives of the United States
of America, in Congress assembled, two thirds of both
Houses concurring, that the following section be submitted
to the Legislatures of the several States, which, when ratified
by the Legislatures of three fourths of the States, shall be
valid and binding as a part of the constitution of the United
States :

*'If any citizen of the United States shall accept, claim,
receive or retain, any title of nobility or honour, or shall
without the consent of Congress, accept and retain any pres-
ent, pension, office or emolument, of any kind whatever, from
any Emperor, King, Prince or Foreign power, such person
shall cease to be a citizen of the United States, and shall be
incapable of holding any office of trust or profit under them,
or either of them.'*

Be it enacted, by the General Assembly of Maryland,
That the aforesaid amendment be and the same is hereby
confirmed and ratified.

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456

By the House of Delegates, December 25. 1810
Read and assented to
By order

Jn^ Brewer elk
By the Senate, December 25. 18 10
Read and assented to
By order

Tho^ Rogers elk
Edw^ Lloyd
The Great Seal in wax Appendant.

Maryland, Sc*

I hereby certify that the foregoing is truly taken from
Liber TH. N° 3. folios 4 and 5, one of the Law Records of
the State of Maryland, belonging to the Office of the Court
of appeals for the Western Shore of the said State.

In Testimony whereof I hereunto subscribe my
name and affix the seal of the said court of appeals,
[seal.] this third day of April in the year of our Lord one
thousand eight hundred and thirteen.

Th: Harris, Jun. elk C app** W. S.

IN COUNCIL,

Annapolis, November 16, 181 1.
Sir,

In compliance with a Resolution of the General Assem-
bly of this State, we have the Honor to transmit to you,
[**r Excellency/' stricken out] herewith enclosed, an au-
thenticated Copy of an Act passed at the last Session of
the Legislature of Maryland, ratifying an Amendment to the

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457

Constitution of the United States, proposed by Congress to
the Legislatures of the several States.
We are,

With high Consideration and Respect,
Your Obedient Servants,

Rob'^ Bowie
The Honorable James Monroe
Secretary of State of the United States

Maryland, set.

At a Session of the General Assembly of Maryland,
begun and held at the City of Annapolis, on Monday, the
fifth of November, and ended on the twenty-fifth of Decem-
ber, in the Year of our Lord, One Thousand Eight Hundred
and Ten — his excellency Edward Lloyd, Esq. Governor —
amongst others, the following Law was enacted, to wit:
No. 162. An Act to ratify an Amendment to the Constitution
of the United States of America, proposed by
Congress to the Legislatures of the several
States.

Whereas, at the second Session of the Eleventh Congress
of the United States, begun and held at the City of Wash-
ington, in the Territory of Columbia, on Monday the twenty-
seventh day of November, one thousand eight hundred and
nine, it was resolved, as followeth, to wit:

** RESOLVED, by the Senate and House of Representa-
tives of the United States of America, in Congress assembled,
two-thirds of both houses concurring, that the following sec-
tion be submitted to the Legislatures of the several states:
which, when ratified by the Legislatures of three-fourths of

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458

the states, shall be valid and binding as a part of the Con-
stitution of the United States.

'*If any citizen of the United States shall accept, claim,
receive or retain, any title of nobility or honour, or shall,
without the consent of Congress, accept and retain any
present, pension, office or emolument of any kind whatever,
from any Emperor, King, Prince or Foreign Power, such
person shall cease to be a Citizen of the United States, and
shall be incapable of holding any office of trust or profit
under them, or either of them/'

BE IT ENACTED by the General Assembly of Mary-
land, That the aforesaid amendment be, and the same is
hereby confirmed and ratified.

By the House of Delegates, December 25, 18 10.
Read and assented to,
By Order, Jno. Brewer, Clk.

By the Senate, December 25, 18 10.
Read and assented to.
By Order, Tiio's Rogers, Clk.

Edw^ Lloyd.

(The Great Seal, in Wax, Appendant.)

MARYLAND, set.

I hereby certify, that the foregoing is truly taken from
Liber T. H. No. 3, Folio 4, one of the Law Records of the
State of Maryland, belonging to the Office of the Court of
Appeals, for the Western Shore of the said State.

IN TESTIMONY WHEREOF, I hereunto sub-
scribe my Name, and affix the Seal of the said Court
of Appeals, this sixteenth Day of November, in the
[seal.] Year of our Lord, One Thousand Eight Hundred

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459

and Eleven ; and in the Thirty-Sixtk Year of the In-
dependence of the United States of America.

Th : Harris, Jun. elk C App^

[indorsement.]

13'*^ Art. ratified by M^
notice of amendm' of constitution by State of Maryland —

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STATE OF KENTUCKY,

FRANKFORT, FEBRUARY 9th, 181 I.
SIR,

PURSUANT to the duty enjoined on me, I have the
honor to transmit to you, the enclosed resolution passed by
the Legislature of this state, at their last session.
I am, with considerations of high respect,

Your most obedient servant,

CH^ SCOTT

[address.]
Frankfort K.") Free

Feby lo^^^j

The Honorable

The Speaker of the

Senate U. S. Congress

City Washington

STATE OF KENTUCKY.

IN GENERAL ASSEMBLY, JANUARY 29, 181I.

THE General Assembly of the Commonwealth of Ken-
tucky, have taken under consideration, the section submitted
by the Senate and House of Representatives of the United
States of America, as an amendment to the constitution

Ihe

of. United States, proposing, that,

460

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461

**If any citizen of the United States, shall accept, claim,
** receive or retain any title of nobility or honor, or shall,
** without the consent of Congress, accept and retain any
*' present, pension, office or emolument of any kind what-
**ever, from any Emporor, King, Prince, or foreign power;
*'such person shall cease to be a citizen of the United States,
'*and shall be incapable of holding any office of trust or
** profit under them, or either of them/'

Whereupon, resolved, that the assent of the state of
Kentucky, be, and it is, by the Legislature thereof, hereby
given- to the said proposed amendment to the Constitution
of the United States ; and on the part of the said state of
Kentucky, it is assented, that the said section be adopted,
and shall be valid and binding, as a part of the Constitution
of the United States, when ratified by the Legislatures of
three fourths of the states.

Resolved, That the Governor of this Commonwealth, be
requested to communicate the foregoing resolution, to the
Senate and House of Representatives of the United States,
and to the Governor of each of the states.

(Signed) John Slmpson
Speaker of the House 0/ Represefitatives,
Gabriel Slaughter,
Speaker of the Seriate,

Approved, 31st January, 181 1.

Charles Scott,

Governor.
By the Governor,

J. Bledsoe,

Secretary.

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462

SECRETARY'S OFFICE,

Frankfort, gth February, 1811.
I Certify the foregoing to be a true copy of an enrolled
resolution in this office.

Teste, J: Bledsoe Secretary.

In Senate of the United States,
1 8 1 1 February 20'^
The President communicated a resolution of the Legisla-
ture of the State of Kentucky approving the amendment to
the constitution respecting titles of nobility, which was read ;
and

Ordered, That it be transmitted to the office of the Sec-
retary for the department of state.

Attest

Sam a Otis Secretary.

[indorsement.]

Kentucky

Amendment to the Constitution.

13'** art. ratified.

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Whereas His Excellency the Governor of this State, has laid

before this General Assembly, a Resolution passed by

the Congress of the United States, in the words following,

to wit : —

Resolved by the Senate and House of Representatives in
Congress asse^nbled, two thirds of both houses concurring.
That the following section be submitted to the Legislatures
of the several states, which, when ratified by the legislatures
of three fourths of the states, shall be valid and binding as a
part of the Constitution of the United States : —

If any citizen of the United States shall accept, claim, re-
ceive or retain, any tide of nobility or honor, or shall, without
consent of Congress, accept and retain any present, pension,
office or emolument whatever, from any Emperor, King,
Prince or foreign power, such person shall cease to be a
citizen of the United States, and shall be incapable of holding
any office of trust or profit under them or either of them —
Therefore,

Resolved unanirnously by the General Assembly of the State
of Ohio, That the foregoing amendment, proposed by con-
gress, to the constitution of the United States, be, and the
same is hereby (on the part of this state) agreed to, ratified
and confirmed.

Resolved, That his Excellency the Governor be requested
to transmit copies of thd foregoing resolution to the Presi-
dent of the Senate and Speaker of the House of Represent-

463

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464

atives, and to each of our Senators and Representatives in
Congress, and to each of the Governors of the several states.

Edward Tiffin, Speaker
• Of the House of Representatives,

Attest— K. OsBORN, Clk. H. R.

Thos. Kirker, Speaker of the Setiate,
Attest — Carlos A. Norton, Clk. Senate.

SECRETARY OF STATE'S OFFICE,

Zanesville, January ;^ 1st, 18 11.
I CERTIFY the foregoing Resolution to be a correct
copy of the original, remaining on file in this office.

Jer. M^Lane Secretary of the State' of Ohio.

Zanesville (Ohio)

Jan^ 31 — 1811
Sir

In compliance with the Request of the General Assembly
of the State of Ohio, I transmit the preceding Resolution
and am with great Respect
your Ob* S*

Return Jonathan Meigs
The President of the

Senate of the United States

[address.]

The President of the Senate
of the United States —

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465

In Senate of the United States.
i8i I February 1 1*^
The Letter from the Governor of the State of Ohio ad-
dressed to the President of the Senate, transmitting a Reso-
lution of the General Assembly of said state, approving the
Amendment to the Constitution of the United States pro-
posed by the Congress thereof, respecting titles of Nobility,
was read ; And

Resolved, That the secretary transmit the said letter and
resolution to the secretary for the department of State.

Attest.

Sam a Otis Secretary.

[address.]

The Secretary

lie depart

of State

[indorsement.]

Ohio.

Amendment to the Constitution.

13'^ art ratified.
4 AP 10.

IB for the department

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Sir

Geo. Town

29. Aug' 1814
Your letter of the 29'** Ult° was received by the Gov-
ernor, And Agreeably to the Orders of his Excellency I
have the Honor herewith to enclose a Copy of the Proceed-
ings of the Legislature on the Subject of the Amendment of.
the Constitution of the U. S. as by you requested. And

have the

Honor to be

Your Most humb''^ S'

P. Robinson

Sec^ of State.
[address.]
Geo Town Del Free

August 30'*"

The Honourable

James Monroe

Secretary of State

Washington

[indorsement.]

M' Graham
29'** August 1 814
Th^ Secretary of the State of Delaware transmits the pro-
ceedings of the Legislature approving of the amendment
proposed to the Constitution of the United States.

13*^ Art. ratified,
466

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467

In the House of Representatives
of the State of Delaware
February i*' 1811.

Resolved by the Senate and House of Representatives of
the State of Delaware in General Assembly met, That the
following amendment to the constitution of the United States
proposed by the Senate and House of Representatives of the
United States of America in Congress assembled is hereby
approved and ratified by the General Assembly of this State :
that is to say, **If any citizen of the United States shall ac-
**cept, claim, receive or retain any title of nobility or honour,
**or shall without the consent of Congress accept and retain
**any present, pension, office or emolument of any kind
** whatever from any Emperor, king, prince or foreign
** power, such person shall cease to be a citizen of the United
** States and shall be incapable of holding any office of trust
**or-profit under them or either of them/*

Resolved further by the Senate and House of Repre-
sentatives of the State of Delaware in General Assembly
met. That the Governor of this State be and he is hereby re-
quested to transmit a copy of the foregoing resolution to the
Executives of the several States in the United States and to
the Secretary of State of the United States.

Read and adopted.

MoLTON C. Rogers Clerk.

In Senate February i" 181 1. Read.
February 2^ read again and concurred in.

A. L. Hayes Clerk.

Dover August 3** 1814.
I do certify that the foregoing is a true copy of the orig-

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or. thf: r.I^s cf the [I-^-se of R-^i res^r-ia::ve>-

j. G ri- \ Ei-:N:>::E Cerk oi the
House ol' Representatives of
the State of Delaware.

Secretary's orr.ce George Town

The foregoing Resolutions & proceedings of the Senate
& House of Representatives of the State of I>elaware, are a
true Copy from the Journals of the said Senate & House of
Representatives, deposited in my office pursuant to Law.

Peter RoBiNs-tx

Sec^ of State.

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Lancaster February ii'** 1811
Sir

I have the honor to transmit to You an exemplified copy

of an Act of the General Assembly of the Commonwealth

of Pennsylvania, entitled **An act to ratify on behalf of the

** State of Pennsylvania a proposed amendment to the Con-

** stitution of the United States relative to titles of Nobility

**or honor, presents, pensions, offices & emoluments from

**any foreign power*' —

With high consideration & respect Sir

Your Ob' S^'

Simon Snyder
James Madison

President of the United States

[address.]

[Postmark :] Lancaster Feb 1 1 Free

James Madison

President of the United States
Mail Washington

[indorsement.]

Pennsylvania
Governor Snyder
enclosing an exemplified Copy of an Amendment to the
Constitution.

An Act to ratify on behalf of the State of Pennsylvania

a proposed amendment of the Constitution of the United

469

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470

States relative to titles of Nobility or honor, presents, pen-
sions Ofifices and emoluments from any foreign power. —
Section, i. Be it enacted by the Senate and House of Rep-
resentatives of the Commonwealth of Pennsylvania in Gen-
erar Assembly met, and it is hereby enacted by the authority
of the same, That the following amendment of the Constitu-
tion of the United States, proposed by the Congress of the
United States, in the mode prescribed by the fifth Article
of the Constitution Viz' **If any citizen of the United States
*' shall accept, claim, receive, or retain any tide of Nobility or
** honor, or shall without the consent of Congress accept, and
*' retain, any present, pension. Office or emolument of any
*'kind whatever, from any emperor, king, prince or foreign
** power, such person shall cease to be a Citizen of the
** United, and shall be incapable of holding any Office of
** trust or profit under them or either of them,'* be and the
same is hereby ratified on behalf of the State of Pennsyl-
vania, to become, when ratified by the Legislatures of three
fourths of the several States, part of the Constitution of the
United States. —

John Weber Speaker of the House

of Representatives

P. C. Lane Speaker of the Senate. —

Approved the sixth day of February one thousand eight

hundred and eleven. —

Simon Snyder.

Secretary's Office

Lancaster, February ii'^ 1811.
I hereby Certify the foregoing, to be a true Copy of the
original law now remaining in this Office.
Witness my hand & Seal

N. B. BoiLEAU Sec^ [seal.]

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471

Lancaster, (Pennsylvania) February 27th, 181 1.
Sir,

I herewith transmit to you a copy of an act of the Legis-
lature of Pennsylvania, ratifying on their part, an amend-
ment proposed by Congress to the Constitution of the
United States.

Very respectfully, sir, your obt. svt.

Simon Snyder
The Speaker of the Senate^

of the United States )

An ACT to ratify on behalf of the state of Pennsylvania, a
proposed amendment of the constitution of the United
States, relative to titles of nobility or honor, presents,
pensions, offices and emoluments from any foreign
power.

Sect. i. Be it enacted by the Senate and House of Rep-
resentatives of the Commonwealth of Pennsylvania in Gen-
eral Assembly met, and it is hereby enacted by the Authority
of the same. That the following amendment of the consti-
tution of the United States, proposed by the Congress of
the United States, in the mode prescribed by the fifth ar-
ticle of the constitution, viz. **If any citizen of the United
States shall accept, claim, receive or retain any title of nobil-
ity or honor, or shall, without the consent of Congress, ac-
cept and retain any present, pension, office or emolument of
any kind whatever from any emperor, king, prince or foreign
power, such person shall cease to be a citizen of the United
States, and shall be incapable of holding any office of trust
or profit under them or either of them,'' be, and the same
is hereby ratified on behalf of the state of Pennsylvania to
become, when ratified by the Legislatures of three-fourths of

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472

the several states, part of the constitution of the United

States.

John Weber,

Speaker of the House of Representatives.

P. C. Lane,

Speaker of the Senate.

Approved the sixth day of February, 1
one thousand eight hundred and eleven. )

Simon Snyder.

Secretary's Office, Lancaster, February 2jth, 1811.
I certify the foregoing to be a correct copy of the original
remaining among the original rolls in this office.

N. B. BoiLEAU Secretary of the
Commonwealth of Pennsylvania.

[address.]

On public service.
[Postmark:] Lancaster Feb. 28. Free

The Hon: George Clinton

President of the Senate of the United States

at
New York [** Washington*' stricken out]

New York 13'** March 181 1
Sir

The enclosed Copy of an Act of the Common Wealth of
Pensylvania ratifying an Amendment proposed by Con-
gress to the Constitution of the United States was forwarded
to me at this Place after I had left the Senate, and I now take

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473

the liberty of transmitting it to you to be deposited in the
Office of the Department of State which if my recollection
serves me is the usual Course

I am with great respect & Esteem

. Your Most Obed' Servant

Geo: Clinton
The hon^^*

Robert Smith Esquire Sec^ of State

[address.]

[Postmark:] New York 15 Mar Free

The hon"*

Robert Smith Esquire Secretary of State

Washington City

[indorsement.]

Pennsylvania.

Amendment to the Constitution.

Ratified

1 3**" article.

Pennsylvania

Rec^ 28*^ March

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State of New. Jersey.

Trenton Janry 19'** 181 1.
Sir,

I have the honor to acknowledge reception of your letter

of 15*^ curr* with copy of a resolution, of the Senate &

House of Representatives of the United States, proposing an

Amendment to the Constitution of the United States; and

which shall be immediately submitted to the Legislature of

New-Jersey, now in Session.

I am, Sir,

very respectfully.

Your obed' Serv'

[addkiloo._^ Joseph Bloomfield.

On public service. ^te &c.

[Postmark:] Lancaster Feb. 28.
The Hon: George Clinton

President of the Senate of the United States

at
New York [** Washington** stricken out] ^pos-

the

New York 13* March 1811
Sir

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475

the State of New-Jersey, entitled '*An Act to ratify an
Amendment to the Constitution of the United States" —
I am, very respectfully

Your mo obed Servt

Joseph Bloomfield.
The Honourable

Robert Smith Esq

Secretary Department of State.

[indorsement.]

New Jersey.

13**^ Amend*
ratified

State of New Jersey
An Act to ratify an amendment to the Constitution
of the United States.

I Be it enacted by the Council and General Assembly of this
State, and it is hereby enacted by the authority of the same
That the amendment to the Constitution of the United
States, proposed by a resolution of the Senate and House of
Representatives of the United States of America, in Congress
assembled, to the Legislatures of the several States ; which
proposed amendment is in the following words, viz.

**If any citizen of the United States shall accept,
*' claim, receive or retain any tide of nobility or honor, or
** shall without the consent of Congress, accept and retain
'*any present, pension, office or emolument of any kind
** whatever, from any emperor king, prince or foreign

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476

**power, such person shall cease to be a citizen of the
** United States and shall be incapable of holding any
** office of trust or profit under them or either of them"
Be and the same is hereby, upon the part of this Legis-
lature, and in the name of this State, ratified and made a
part of the Constitution of the United States.
House of Assembly February ii. 1811. This bill having
been three times read and compared in this House.
Resolved That the same do pass. By order of the House

W^ Kennedy Speaker
Council Chamber Feb: 13. 181 1. This bill having been three
times read and compared ;

Resolved That the same do pass. By order of Council

Joseph Bloomfield

President
I James Linn Secretary of the State of New Jersey Do cer-
tify the foregoing to be a true Copy of a law of the Legisla-
ture of said State, filed in the Office of said Secretary.

Witness my hand the eighteenth day of February in the
year of our LORD one thousand eight hundred and eleven.

James Linn
State of New Jersey ss :

Joseph Bloomfield Governor of the State of New Jer-
sey.
To all to whom these presents shall come :
Know Ye, That the name ** James Linn" subscribed to
the foregoing certificate, is the proper handwriting of James
Linn, who was at the time of subscribing the same and now
is the Secretary in and for the aforesaid State — Therefore
due faith and credit is and ought to be given to his proceed-
ings and certificates as such

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477

In testimony whereof the Great Seal of the State is
hereunto affixed Witness the hand of the said Gov-
[sEAL.] ernor at Trenton, the eighteenth day of February
in the year of our LORD one thousand eight hun-
dred and eleven.

Joseph .Bloomfield

By the Governor
James Linn

Secretary

[indorsement.]

New Jersey.

Amendment to the Constitution.

13'*" Art. ratified.

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State of Vermont —

In General Assembly, Oct. 22, 181 1.

Whereas, his Excellency the Governor has communicated
to this house, a resolution, passed by the Congress of the
United States, proposing an amendment to the constitution
of the United States, in the words following, to wit :

*'If any citizen of the United States, shall accept, claim,
receive, or retain, any title of nobility or honor, or shall, with-
out consent of Congress, accept and retain any present,
pension, office or emolument whatever, from any emperor,
king, prince, or foreign power, such person shall cease to be
a citizen of the United States, and shall be incapable of hold-
ing any office of trust or profit under them, or either of
them/'

Therefore,

Resolved, the Governor and Council concurring herein.
That the foregoing amendment proposed by Congress, as
aforesaid, be, and the same is hereby (on the part of this
State) agreed to, ratified, and confirmed. Also,

Resolved, That his Excellency the Governor, be requested
to transmit copies of the foregoing resolution to the Presi-
dent of the Senate, and Speaker of the House of Represent-
atives of the United States, and to each of our Senators, and
Representatives in Congress, and to each of the Governors
of the several States in the union.

Attest. Wm. D. Smith, Clerk,
478

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479

In Council, October 24, 18 11.

Read and concurred.
Attest. RoLLiN C. Mallary, Sec*y.

A true copy.
Attest. Th Leverett Sec'y of State.

State of Vermont Shaftsbury Nov. 10* 181 1

Sir,

In Compliance with the request of the General Assembly
of this State, I transmit to you the foregoing resolution,
ratifying & confirming on the part of this State a certain
proposal of amendment to the Constitution of the United
States made by Congress at their last Session —
With great respect, I am

Sir, your obedient servant

Jonas Galusha*
The Hon^ The President of the Senate
of the United States

[address.]

Hon. The President of the Senate
of the United States

Washington —

[indorsement.]

Free

12 Cong. I ^

I Sess. )
Resolution of the legislature of the State of Vermont con-

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48o

firming on the part of that State the resolution respecting
titles of nobility.

Decern' 19th 181 1 Read

Vermont

Amendment to the Constitution

13*** Art. ratified.

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Knoxville Nov' 2f^ 1811
Sir,

I have the honor to transmit to you a copy of the pro-
ceedings of the General Assembly of the State of Tennessee,
on the subject of certain amendments to the Constitution of
the United States, as proposed by the legislatures of Massa-
chusetts, of Pennsylvania, of Virginia and by the Senate
and House of Representatives of the United States in Con-
gress assembled — And have the honor to be very respect-
fully,

Your Ob' Servant

Willie Blount

The Hon^le

James Monroe

Sec^ State United States

[indorsement.]

Tennessee.

Amendments to the Constitution.

13*** art. ratified.

Tennessee

amendment to the Constitution

STATE OF TENNESSEE,

In general assembly.

NOVEMBER 2 1, l8l I.

Resolved, That this General Assembly, do disapprove of

4 AF II. 481

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482

and dissent from the amendment to the constitution of the
United States, proposed by the legislature of the state of
Massachusetts, June 19th, 1809, that no law shall be enacted
for laying an embargo, or for prohibiting commerce for a
longer period than until the expiration of thirty days, from the
commencement of the session of Congress next, succeeding
that session, in which such law shall have been enacted.

Resolved, That this General Assembly, do disapprove of
& dissent from the amendment to the Constitution of the
United States, proposed by the legislature of the State of
Virginia, on the 13*^ day of January, 1808 ** that the senators
in the Congress of the United States, may be removed from
office, by the vote of a majority of the whole number of
members of the respective state legislatures, by which the said
senators have been or may be elected.

Resolved, That this General Assembly, do disapprove of
and dissent from the amendment to the Constitution of the
United States, as proposed by the legislature of the State of
Pennsylvania, April the 3d, 1809, **that an impartial tribunal
may be established to determine disputes between the Gen-
eral and the states Government.'*

Resolved, That this General Assembly, do approve of and
agree to the amendment to the Constitution of the United
States, proposed by the senate & House of Representa-
tives, of the Congress of the United States, **that if any
Citizen of the United States, shall accept claim, receive or
retain any tide of nobility or honor, or shall without the con-
sent of Congress, accept and retain any present, pension,
office or emolument of any kind whatsoever, from any em-
peror, king, prince or foreign power, such person shall cease
to be a citizen of the United States, and shall be incapable

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483

of holding any office of trust or profit under them or either of
them/'

Resolved, That the executive of this state be requested
to forward copies of the foregoing resokitions to the execu-
tives of the several states, and also to each of our senators
and representatives in Congress.

John Cocke
Attest Speaker of the house

J. Peck C H R of Representatives.

John Anderson Ck Tho^ Henderson

of the Senate Speaker of the Senate

STATE OF TENNESSEE.

In general assembly.

november 21, 181i.
Resolved, That this General Assembly, do disapprove of
and dissent from the amendment to the constitution of the
United States, proposed by the legislature of the state of
Massachusetts, June 19th, 1809, ^^^ ^^ ^^^ shall be enacted
for laying an embargo, or for prohibiting commerce for a
longer period than until the expiration of thirty days, from the
commencement of the session of Congress next, succeeding
that session, in which such law shall have been enacted.

dis of

Resolved, That this General Assembly, do^approve and
dissent from the amendment to the Constitution of the
United States, proposed by the legislature of the State of
Virginia, on the 13th day of January, 1808 **that the sena-
tors in the Congress of the United States, may be removed
from office, by the vote of a majority of the whole number
of members of the respective state legislatures, by which the
said senators have been or may be elected.

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484

Resolved, That this General Assembly, do disapprove of
and dissent from the amendment to the Constitution of the
United States, as proposed by the legislature of the State of
Pennsylvania, April the 3d 1809, **that an impartial tribunal
may be established to determine disputes between the General
and the states Government."

Resolved, That this General Assembly, do approve of and
agree to the amendment to the constitution of the United
States, proposed by the senate & House of Representa-
tives, of the Congress of the United States, **that if any
Citizen of the United States, shall accept claims, receive or
retain any title of nobility or honor, or shall without the con-
sent of Congress, accept and retain any present, pension,
office or emolument of any kind whatsoever, from any em-
peror, king, prince or foreign power, such person shall cease
to be a citizen of the United States, and shall be incapable
of holding any office of trust or profit under them or either
of them."

Resolved, That the executive of this state be requested
to forward copies of the foregoing resolutions to the execu-
tives of the several states, and also to each of our senators

and representatives in Congress.

John Cocke

Attest Speaker of the house

J Peck C H R of Representatives.

John Anderson Ck Tno^ Henderson

of the Senate Speaker of the Senate

[indorsement.]
12'^ Cong. \

V^ Sess. J

Resolutions of the Legislature of the State of Tennessee, rela-

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485

tlve to resolutions amendatory of the constitution of U S.
181 1 Dec' 24*^

Read.—
Proceedings of Legislature of the State of Tennessee, relative
to resolutions amendatory of Constitution of the U. States —

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Executive Department^ Georgia.

MiLLEDGEViLLE, 4th January, 1812.
SIR,

In compliance with a resolution of the General Assembly
of this State, I have the honor to transmit you a copy of a
resolution passed by them at their last Session, ratifying and
confirming an amendment proposed by Congress to the Con-
stitution of the United States.
I am sir,

with high consideration and respect
your very obedient servant

D: B: Mitchell
The Honble.

The President of the Senate
of the United States

STATE OF GEORGIA,

In Senate, 22nd November, 1811.

WHEREAS, His Excellency the Governor of this State
has laid before this General Assembly, a Resolution passed
by the Congress of the United States in the words following
to wit:

''Resolved, by the Senate and House of Representatives,
in Congress assembled, two thirds of both Houses concur-
ring, that the following section be submitted to the Legisla-

486

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48;

tures of the several States, which, when ratified by the
Legislatures of three fourths of the States shall be valid
and binding as a part of the Constitution of the United
States."

**If any citizen of the United States shall accept, claim,
receive or retain any title of nobility or honor, or shall with-
out the consent of Congress, accept and retain any present,
pension office or emolument of any kind whatever, from any
Emperor, King, Prince, or Foreign Power, such person shall
cease to be a citizen of the United States, and shall be inca-
pable of holding any office of trust or profit under them or
either of them/'

Be it unanimously Resolved, by the General Assembly of
the State of Georgia, that the foregoing amendment pro-
posed by Congress to the Constitution of the United States
be, and the same is hereby, on the part of this State, agreed
to, ratified and confirmed.

And be it further Resolved, That His Excellency the
Governor, be requested to transmit copies of the foregoing
Resolution to the President of the Senate and Speaker of
the House of Representatives of the United States, and to
each of our Senators and Representatives in Congress, and
to each of the Governors of the several States.
Read and agreed to unanimously.

Mathew Talbot,

President of tlie Senate,

ATTTEST,

William Robertson, Sec'ry.

In the House of Representatives — Read and concurred in

RoBKRT IVERSON,

speaker.

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488

ATTEST,

Mines Holt, Crk.

Executive Department, GEORGIA.

Approved, 13th December, 181 1.

David B. Mitchell, Governor.

ATTEST,

Anthony Porter, Sec*ry.

Office of Secretary of State,
Milledgeville Georgia, 4th January, 18 12.
I certify that the aforegoing Resolution is truly copied
from the original now of file in this office, with the Great
Seal of the State affixed thereto.

Ab'^ Hammond Secretary.

[address.]
[Postmark.] Free

The Honble

The President of the Senate

of the United States

Washington City

[indorsement.]

Resolution of the Legislature of Georgia concurring in
the proposed amendment to the Constitution, respecting
titles of nobility.

Executive Department, Georgia.

Milledgeville, 4th January, 181 2.
SIR,

In compliance with a resolution of the General Assembly

of this State, I have the honor to transmit you a copy of a

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4^9

resolution passed by them at their last Session, ratifying and

confirming an amendment proposed by Congress to the

Constitution of the United States.

I am sir,

with high consideration and respect

your very obedient servant

D: B: Mitchell
The Honble.

James Monroe

Secretary of State

of the United States

STATE OF GEORGIA,

In Senate, 22nd November, 18 11.

WHEREAS, His Excellency the Governor of this State
has laid before this General Assembly, a Resolution passed
by the Congress of the United States in the words following
to wit :

** Resolved, by the Senate and House of Representatives,
in Congress assembled, two thirds of both Houses concur-
ring, that the following section be submitted to the Legisla-
tures of the several States, which, when ratified by the
Legislatures of three fourths of the States shall be valid and
binding as a part of the Constitution of the United States.**

** If any citizen of the United States shall accept, claim,
receive or retain any title of nobility or honor, or shall with-
out the consent of Congress, accept and retain any present,
pension office or emolument of any kind whatever, from any
Emperor, King, Prince, or Foreign Power, such person shall
cease to be a citizen of the United States, and shall be in-

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490

capable of holding any ofifice of trust or profit under them
or either of them.'*

Be it unanimously Resolved, By the General Assembly
of the State of Georgia, that the foregoing amendment pro-
posed by Congress to the Constitution of the United States
be, and the same is hereby, on the part of this State, agreed
to, ratified and confirmed.

And be it further Resolved, That His Excellency the Gov-
ernor, be requested to transmit copies of the foregoing
Resolution to the President of the Senate and Speaker of
the House of Representatives of the United States, and to
each of our Senators and Representatives in Congress, and
to each of the Governors of the several States.

Read and agreed to unanimously.

Mathew Talbot,
President of the Senate.

ATTEST,

William Robertson, SecVy.

In the House of Representatives — Read and concurred in

Robert Iverson,

Speaker,
atttest,

Mines Holt, CFk.

Executive Department, GEORGIA.

Approved, 13th December, 181 1.

David B. Mitchell, Governor.

ATTEST,

Anthony Porter, Sec'ry

Office of Secretary of State,
Milledgeville Georgia, 4th January 181 2.
I certify that the aforegoing Resolution is truly copied

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49 1

from the original now of file in this office, with the Great
Seal of the State affixed thereto.

Ab^ Hammond Secretary

[address.]

[Postmark.] Free

The Honorable

James Monroe,

Secretary of State United States,

Washington.

[indorsement.]

Georgia.

Governor of Georgia

4* Jan^ 1812

Amendment to Constitution

In Senate of the United States
1 81 2, February lo'**

Resolved, That the secretary of the Senate, transmit to
the Secretary for the department of State, the Resolution
of the Legislature of the State of Georgia, ratifying and
confirming an amendment proposed by Congress to the con-
stitution of the United States, respecting titles of Nobility,
together with the resolutions of the Legislatures of such
other States as have ratified the same.
Attest

Sam^ a. Otis Secretary.

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492
[address.]

The Secretary

for the department of State

[indorsement.]

i" Session. 12*** Congress.

Resolution of the Senate of the United States.
Transmitting to the Department of State, the Resolution of
the Legislature of Georgia, ratifying and confirming an
amendment proposed by Congress to the Constitution of the
United States respecting tittles of Nobility, together with
resolutions of other Legislatures.

1 3"*^ Art. ratified
Note of States adopting amendmt to Constitution

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RALEIGH, (N. CAROLINA) JANUARY 14, 1812.
SIR,

I have the honour to transmit to you, herewith, an
authenticated copy of an Act of the General Assembly of this
State, ratifying an amendment to the. Constitution of the
United States, proposed by Congress to the Legislatures of
the several States.

I have the honour to be, with consideration and respect,

Sir,

Your obedient servant,

William Hawkins
James Madison Esq'

An Act
To Ratify on behalf of the State of North-Carolina, a pro-
posed amendment of the Constitution of the United
States, relative to titles of nobility or honour, presents,
pensions, offices or emoluments from any Foreign
Power.

BE it enacted by the Ge^ieral Assembly of the State of
North- Carolina, and it is hereby enacted by the authority
of the same, That the following amendment of the Constitu-
tion of the United States, proposed by the Congress of the
United States, in the manner prescribed by the fifth article
of the Constitution, viz. '*If any citizen of the United States
shall accept, claim, receive or retain any title of nobility or

honour, or shall, without the consent of Congress, accept

493

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494

and retain any present, pension, office or emolument of any
kind whatsoever, from any Emperor, King, Prince or For-
eign Power, such person shall cease to be a citizen of the
United States, and shall be incapable of holding any office of
trust or profit under them or either of them,** be, and the
same is hereby ratified on behalf of the State of North-Caro-
lina, to become when ratified by the Legislatures of three-
fourths of the several States, part of the Constitution of the
United States.

Read three times and ratified in General Assembly, 1
the 23d day of December, A. D. 181 1. )

J. RiDDicK, Speaker of the Senate

J. Steele, Speaker of the House of Representatives
A true copy from the original as filed in my office,

W^ Hill Secretary of State.

[address.]

[Postmark:] Ralh N. C. Jany 17 Free

James Madison Esq'

President of the United States

Washington

[indorsement.]

North Carolina

Amendment to the Constitution.

13**^ Art. ratified.

RALEIGH, (N. CAROLINA) JANUARY 14, 1812.
SIR,

I have the honour to transmit to you, herewith, an

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495

authenticated copy of an Act of the General Assembly of this
State, ratifying an amendment to the Constitution of the
United States, proposed by Congress to the Legislatures of
the several States.

I have the honour to be, with consideration and respect,
Sir,

Your obedient servant,

William Hawkins
The Hon^** Jesse Franklin Esq"^

BE it enacted by the Gefieral Assembly of the State of
North-Carolina, and it is hereby enacted by the authority
of the same. That the following amendment of the Constitu-
tion of the United States, proposed by the Congress of the
United States, in the manner prescribed by the fifth article of
the Constitution, viz. **If any citizen of the United States
shall accept, claim, receive or retain any title of nobility or
honour, or shall, without the consent of Congress, accept and
retain any present, pension, office or emolument of any kind
whatsoever, from any Emperor, King, Prince or Foreign
Power, such person shall cease to be a citizen of the United
States, and shall be incapable of holding any office of trust
or profit under them or either of them,'* be, and the same is
hereby ratified on behalf of the State of North-Carolina, to

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496

become when ratified by the Legislatures of three-fourths
of the several States, part of the Constitution of the United
States.

Read three times and ratified in General Assembly,^
the 23d day of December, A. D. 18 11 )

J. RiDDicK, Speaker of the Senate.
J. Steele, Speaker of the House of Representatives
A true copy from the original as filed in my office,

W^* Hill Secretary of State

[addkess.]

[Postmark:] Ralh N. C. Jan 17 Free

The Hon^'* Jesse Franklin Esq*^

Senator in Congress

Washington

12 Cong.
I Sess.

[indorsement.]

Letter from the governor of North Carolina transmitting an
authenticated copy of the act of that state, ratifying the
amendment to the Constitution proposed by Congress. —
1812 Jan^ 22^
Read.

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State of New-Hampshire.
In the House of Representatives, Dec. 9, 181 2.

Whereas, His Excellency the Governor of this State has
laid before the General Court a Resolution, passed by the

Congress of the United States, in the words following

to wit :

'Resolved, by the Senate and House of Representatives of
the United States of America, in Congress assembled, two-
thirds of both Houses concurring. That the following Sec-
tion be submitted to the Legislatures of the several States,
which, when ratified by the Legislatures of three-fourths of
the States, shall be valid and binding as a part of the Con-
stitution of the United States' —

**If any citizen of the United States shall accept, claim,
receive, or retain, any title of nobility or honor ; or shall, with-
out the consent of Congress, accept and retain any present,
pension, office, or emolument, of any kind whatever, from
any Emperor, King, Prince, or Foreign Power ; such person
shall cease to be a citizen of the United States, and shall be
incapable of holding any office of trust or profit under them,
or either of them.''
Therefore,

Resolved, by the Senate and House of Representatives, ifi
General Court convened, That the foregoing amendment,
proposed by Congress, to the Constitution of the United
States, be, and the same is hereby, on the part of this State,
agreed to, ratified, and confirmed.

4 AP 12. 497

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498

And be it further Resolved, That His Excellency the
Governor be requested to transmit copies of the foregoing
Resolution to the President of the Senate and Speaker of
the House of Representatives of the United States, and to
each of our Senators and Representatives in Congress, and
to each of the Governors of the several States.
Sent up for concurrence.

Clement Storer, Speaker.

In Senate, December 9, 181 2.
Read and concurred.

Joshua Darling, President.

December 10, 181 2.
By the Governor approved.

William Plumer.

A true copy.

Attest Sam^ Sparhawk Sec^^

New-Hampshire. Executive Department.

Concord, Decem"" 12^ 181 2
Sir,

I have the honor of herewith transmitting to you a Reso-
lution of the Legislature of this State, agreeing to an amend-
ment to the Constitution of the United States, as proposed
by the Congress thereof.

I am, respectfully, Sir,

your most obedient,"

William Plumer
The Hon^''^ William H. Crawford Esq'

President of the Senate of the United States

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499

[address.]

Free

Hon' William H. Crawford Esq"^

President of the Senate U. S.

Washington

[indorsement.]

13*^* Art. ratified by

New Hampshire

In Senate of the U. S.

December 21. 1812

The President communicated a letter from the Governor
of the State of New Hampshire, transmitting a copy of the
resolution passed by the Legislature of that state, ratifying
and confirming an amendment proposed by Congress to the
constitution of the United States, relative to titles of nobility.

Ordered, That the Secretary of the Senate transmit
them to the Secretary for the Department of State.

Attest

Sam a. Otis Sec^

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New York May 8'** 1813
Sir,

I have the honor to enclose you a communication from

the Clerk of the Senate of this State, by which it will appear

that the Senate on the 12'^ day of March 18 12 rejected the

amendment to the Constitution proposed by the Congress of

the United States. It is owing to gross negligence in the

clerk of Senate that I was not notified of their determination

upon the subject untill yesterday.

I have the honor to be with

great respect, Sir, your ob. Serv'

Daniel D. Tompkins
The Honorable James Monroe

Albany May i'' 181 3.
Sir

By a resolution of the Hon^ the Senate of this State of

the y^ April last I am directed to inform Your Excellency

That the proposed amendment of the Constitution of the

United States mentioned in the letter from the Secretary

of State accompanying Your Excellency's Message of the

I'' April then instant, was on the 12*^ day of March 181 2

rejected by the Senate.

1 have the Honor to be

Your Excellency's Most Ob' Serv'

S ViSSCHER

Clerk of the Senate
His Excellency D. D. Tompkins.

500

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501
[indorsement.]

8. May 1813.
Governor Tompkins.

Rejection of the proposed amendment to the Constitution by
the Legislature of the State of New York.

13"" Art. rejected

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Sharon (Con.) 22. April 181 3 —
Sir

Immediately after the receipt of your letter of the 23.
ultimo I forwarded to the Secretary of this State directions
to examine the records of the Legislature, for its decision on
the proposition to amend the Constitution of the United
States, to which you refer. His answer I have this day re-
ceived; by which it appears that at the May Session AD
181 1 the Chief Magistrate, then in office, submitted the
proposition in question to the consideration of the General
Assembly, but that no final opinion upon its merits has as
yet been expressed by that honourable body.

The Legislature will convene early in the next month; at
which time your communication will be laid before them —
With great respect I have the honour

to be Sir your obedient and

very humble servant

John Cotton Smith

The Honourable The Secretary of State &*'

[address.]

The Honourable

James Monroe

Secretary of State

Washington —
502

Free

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503
[indorsement.]

22 April 1 813.
John C. Smith Lieu' Govern
relative to amendment of the Constitution

Coftnecticut.
Not ratified,
Connecticut relative to amendmt of const"

At a General Assembly of the State of Connecti-
cut, holden at Hcirtford in said State, on the second
Thursday of May, in the year of our Lord one thou-
[sEAL.] sand eight hundred and thirteen.

Whereas his Excellency the Governour, has laid
before this Assembly a resolution passed by the
Congress of the United States, in the words follow-
ing, viz. Resolved by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
[**that*' stricken out] two thirds of both houses concurring,
that the following Section be submitted to the Legislatures of
the several States, which when ratified by the Legislatures
of three fourths of the States, shall be valid and binding
as a part of the constitution of the United States ;

If any citizen of the United States, shall accept, claim,
receive, or retain any title of nobility or honour, or shall
without the consent of Congress, accept and retain any
present, pension, office, or emolument of any kind whatever
from any Emperour, King, Prince or foreign Power, such
person shall cease to be a citizen of the United States, and
shall be incapable of holding any office of trust or profit
under them, or either of them."

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504

Resolved by this Assembly, That this Assembly do not
ratify the foregoing amendment proposed by Congress to
the Constitution of the United States, and the same on the
part of this State, is not ratified.

And be it further Resolved, that his Excellency the Gov-
ernour be requested to transmit copies of the foregoing reso-
lution, to the Secretary of State of the United States, to the
President of the Senate, and Speaker of the House of Repre-
sentatives of the United States.

A true copy of record.

Examined by •

Thomas Day, Secretary.

At a General Assembly of the State of Connec-
ticut holden at Hartford in said state on the Second
[seal.]

Thursday of may One thousand eight hundred and

Thirteen.

Whereas his Excellency the Governour has laid before
this Assembly a resolution passed by the Congress of the
United States in the words following — Viz —

Resolved by the senate and house of Representatives of
the United States of America in Congress assembled, two
thirds of both Houses concurring that the following Section
be submitted to the Legislatures of the several States which
when ratified by the Legislatures of three fourths of the
States, shall be valid, — and binding, as a part of the Consti-
tution of the United States. —

**If any citizen of the United States shall accept claim,
receive or retain any tide of nobility or honour or shall
without the consent of Congress accept or retain any Pen-

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505

sion, Office, or emolument of any kind whatever from any
Emperour, King Prince or Foreign Power such person shall
cease to be a citizen of the United States and shall be inca-
pable of holding any office of trust or profit under them or
either of them.

** Resolved by this Assembly, That this Assembly do not
ratify the foregoing amendment proposed by congress to the
Constitution of the United States, and the same on the part
of this State is not ratified. —

And be it further Resolved — ^That his Excellency the
Governour be requested to transmit copies of the foregoing
Resolution to the Secretary of State of the United States, to
the President of the Senate and Speaker of the House of
Representatives of the United States. —

I Thomas Day Secretary of the State of Connecticut do
hereby certify and make known that the above and foregoing
is a true Copy of Record. In testimony whereof I have
hereunto set my Hand and affixed the Seal of said State at
the City of Hartford this twenty-ninth day of May in the
year of our Lord one thousand eight hundred and thirteen.

Thomas Day

[indorsement.]

Resolution of the State of Connecticut
May 1813

At a General Assembly of the State of Connecticut
holden at Hartford, in said State, on the second thursday
of May, in the year of our Lord, one thousand eight hun-
dred and thirteen

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5o6

Whereas his Excellency the Governour has laid before this
Assembly a resolution passed by the Congress of the United
States, in the words following, viz, ** Resolved by the Senate
and House of Representatives of the United States of
America, in Congress assembled, two thirds of both houses
concurring, that the following section be submitted to the
Legislatures of the several states, which when ratified by the
Legislatures of three fourths of the States shall be valid and
binding as a part of the Constitution of the United States."

**lf any citizen of the United States shall accept, claim,
receive or retain any title of nobility or honour, or shall with-
out the consent of Congress, accept and retain any present,
pension, office, or emolument, of any kind whatever, from
any Emporour, King, Prince, or Foreign Power; such person
shall cease to be a citizen of the United States, and shall be
incapable of holding any office of trust or profit under them
or either of them/'

Resolved by this Assembly, That this Assembly do not
ratify the foregoing amendment proposed by Congress, to
the Constitution of the United States, and the same on the
part of this State, is not ratified.

And be it further Resolved, That His Excellency the
Governour be requested to transmit copies of the foregoing
resolution to the Secretary of State of the United States, to
the President of the Senate, and Speaker of the House of
Representatives of the United States.

I Thomas Day Secretary of the State of Con-
necticut do hereby certify and make known that the
[seal.] above and foregoing is a true Copy of record.

In faith whereof I have hereunto set my hand
and affixed the Seal of this State the twelfth day of

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507

August in the year of our Lord one thousand eight hundred

and fourteen.

Thomas Day

State of Connecticut:

Secretary's Office, Jan^ 22. 1818.
Sir,

By direction of His Excellency Governour Wolcott, I

transmit to you the enclosed exemplification ; and am,

With great respect.

Your obed' Serv'

Thomas Day

Hon. J. Q. Adams,
Secretary of State.

[address.]

[Postmark:] Hartford Jan 23 Free

Hon. John Q. Adams,

Secretary of State,

Washington City

[indorsement.]

Connecticut does not ratify the 13''* Art. of amendments,
to the Constitution of the U. S.

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Executive Department — S. C.

Charleston — October 2j^ 1814
Sir

In answer to your enquiry relative to the decision of
South Carolina upon the amendment of the Federal Con-
stitution, proposed by Congress in 181 1, I have now the
honor to transmit you copies of the proceedings of the two

branches of our Legislature on that subject. From these

you will perceive that the question of adoption or rejection,

on the proposed amendment, has never been taken by this

State

I have the honor to be, sir

very respectfully

/ Ob' &c

Jos: Alston
The Hon"^ The Sec^ of State

[indorsement.]

27. Oct. 1814.
Governor of South Carolina transmitting copies of the Pro-
ceedings of the State Legislature, relative to the amendment
proposed by Congress to the Federal Constitution.
Not finally acted upon.

13"*

An Extract from the Journals of the Senate, Nov' 181 1.
Nov. 26.

The House then read the Resolution of the Congress of

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509

the United States, which accompanied the Message of his
Excellency the Governor, proposing an Amendment to the
Constitution of the United States —
Ordered

That the same be referred to a Committee

And a Committee was appointed accordingly i e,

Col Mays
M' Du Bose M' Reid—

Nov' 28.

Col Mays from the Committee to whom was referred the
Resolution of the Congress of the United States submitted
a report.
Ordered

That the same be taken into consideration to Morrow
Nov. 29. The House then took into consideration the Re-
port of the Committee of the Senate to whom was referred
the Resolution of the Congress of the United States pro-
posing an Amendment to the Federal Constitution in the
words following

Resolved By the Senate and House of Representatives of
the United States in Congress assembled two thirds of both
Houses concurring that the following Section be submitted
to the Legislatures of the several States which when ratified
by the Legislatures of three fourths of the States shall
be valid and binding as a part of the Constitution of the
United States — Viz : If any Citizen of the United States shall
accept, claim, receive or retain any Title of Nobility, or
Honour, or shall without the consent of Congress accept
and retain any present, pension, office or emolument of any
kind whatever from any Emperor, King, Prince or foreign
Power, such person shall cease to be a Citizen of the United

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5IO

States and shall be incapable of holding any office of Trust
or Profit under them or either of them" — beg leave to Re-
port,

That they have duly considered the foregoing Resolution
and are of opinion it ought to become a part of the Consti-
tution of the United States — Your Committee therefore beg
leave to recommend to the Senate to concur in the adoption
of the said Resolution, and when it may be agreed to and
concurred in by three fourths of the Legislatures of the sev-
eral States, that it may become a part of the Constitution of
the United States of America —

The House having considered the Report agreed thereto.
Resolved, That this House do agree to the Report —
Ordered, That the same be sent to the House of Represent-
atives for their concurrence

By order of the Senate.

Office of Clerk of the Senate, Col* Sept. 1-1814
I do hereby certify that the foregoing is a correct extract
from the Journals of the Senate of every thing which apper-
tains to the above mentioned Resolution.

John Murphy C. S.

[indorsement.]

Rec'd in Governor Alston*s letter of 27* Oct. 18 14

In the House of Representatives

Dec' 7* 1813.
The following report was made (viz)

*'The Committee to whom was referred a Resolution of

the Senate and House of Representatives of the U. S. recom-

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mending an alteration & amendment of the Constitution,
passed by the Congress of the U. S. on the of

respectfully Report.
That the resolution referred to them was originally presented
to the last Legislature and referred by them to a Select Com-
mittee who reported thereon — That the report of that Select
. Committee & the resolution were several times taken up and
Considered by the House and ultimately postponed on the
21*^ Dec' 1811 without their coming to any final decision in
regard to them —

That the aforesaid Resolution was again brought to the view
of the Legislature at the late September Session by a Mes-
sage of his Excellency the Governour N° 2 reminding them
that no decision had been made thereon and enclosing a
Resolve of the State of New-Hampshire approving and
adopting the same —

That at the September Session a Committee was ap-
pointed to examine the Journals & report the proceedings of
the preceding Legislature in the Case; & that the report
made by it & the Resolution of Congress were ordered to
lie on the table, and not further acted upon —

Your Committee beg leave further to report, that respect
to the recommendation of the Congress of the U. S. & to our
Sister States would seem to require of the House that they
should during the present Session take up and finally dispose
of the Resolution by adopting or rejecting it, and that in their
opinion it ought to be rejected

The Constitution of the U. S. has already provided **That
no Title of Nobility shall be granted by the U. S. And no
person holding any office of profit or Trust under them
shall, without the Consent of Congress accept of any present,

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emolument office or Title of any kind whatever, from any
King, Prince or Foreign State — Congress have in more
instances than one within the knowledge of your Committee
exercised the power vested in them by the above provision,
and refused permission to Individuals in high public offices
to accept of presents offered by Foreign Powers, nor are
they aware of any inconveniences which have arisen and
required further provisions on this Subject to be ingrafted in
the Constitution of the U S. At all events & should they
be mistaken in this respect, the Committee are of opinion
that the amendment proposed & submitted to their consid-
eration is not the proper remedy; and that under its pro-
visions, & the terms in which it is worded, consequences
might follow & evils accrue as well to innocent Citizens indi-
vidually as to the Community at large, which were neither
foreseen nor contemplated by the Framers of the Resolution.
Under these impressions your Committee recommend
that the House reject the aforesaid resolution & adopt the
following resolutions to that effect ** Resolved by the Senate
& House of Representatives of the State of S° C* that they
deem it inexpedient to adopt & therefore reject on the part
and in behalf of the State of S° Carolina the Resolution
submitted to them & passed by the Congress of the U. S. on
the — day of in the following words (to wit) ** Resolved
by the Senate and House of Representatives of the U. S. of
America in Congress assembled, two thirds of both Houses
concurring, that the following Section be submitted to the
Legislatures of the several states, which when ratified by the
Legislatures of Three fourths of the States shall be valid and
binding as a part of the Constitution of the U. S. **If any
Citizen of the U. S. shall accept claim receive or retain any

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513

Tide of Nobility or Honor ; or shall without the consent of
Congress accept and retain any present, pension Office or
emolument of any kind whatever from any Emperor, King,
Prince or Foreign Power, such person shall cease to be a
Citizen of the U. S. and shall be incapable of holding any
Office of Trust or profit under them or either of them" —
Resolved that his Excellency the Governor be requested
to forward Copies of the above resolution rejecting on the
part of and in behalf of the State of S"* C* the amendment
proposed by the Congress of the U. S. & passed on the
day of to the President of the Senate & the

Speaker of the House of Representatives of the U. S. and
to each and all of the Governors of the several States**

Benjamin Huger Chairman
Whereupon

Ordered, that the report be taken into consideration on
Thursday next —

I Certify the foregoing to be a true Extract from the Journal

of the House of Representatives

Attest — Richard Gantt

Clerk of the House of Representatives

of S** Carolina

[indorsement.]

Rec** in Governor Alston's letter of 27* Oct. 18 14.
4 AP 13.

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State of Rhode Island and Providence Plantations.

Providence Sept 21. 18 14.
Sir;

I have the honour to transmit to you enclosed, a copy of

the Resolution passed by the General Assembly of this State

on the 15* Instant, relative to the proposed amendment of

the Constitution of the United States —

I have the Honour to be sir ;

Very respectfully your Obed' Serv'

W** Janes

Governor of said State,
Honble. James Munro

Secretary of the U. States,

[address.]

[Postmark:] Providence R. I. Sep 23 Free

Hon'ble James Monroe

Secretary of the U. States

Washington

[indorsement.]

Dep' of State
Rhode Island rejects 13* Art. of Amdts to Const" of U. S.

State of Rhode Island 1 In General Assembly

& Providence Plantations) September, 15* 18 14.

Resolved, That the amendment to the Constitution of the

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515

United States, proposed at the Second Session of the Elev-
enth Congress, in the following words, viz. ** If any Citizen
of the United States shall accept, claim, receive or retain
any title of nobility or honour, or shall, without the consent
of Congress, accept and retain any present, pension, office
or emolument, of any kind whatever, from any Emperor,
King, Prince or foreign power, such person shall cease to be
a citizen of the United States^ and shall be incapable of hold-
ing any office of trust or profit under them, or either of
them/' be and the same is hereby disapproved of —

A true Copy.

Witness Samuel Eddy Secry.

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H Res 80 Rec'd 5. Mar Public 7, Resolution.

Thirty-Sixth
Congress of the United States,

At the Second Session

BEGUN AND HELD AT THE CITY OF WASHINGTON

in the District of Columbia

on Monday the third day of December one thousand eight
hundred and sixty.

Joint Resolution to amend the Constitution of the United

States.

Resolved by the Senate and House of Representatives of
the United States of America in Congress assembled,

That the following article be proposed to the legislatures
of the several States as an amendment to the Constitution of
the United States, which, when ratified by three-fourths of
said legislatures, shall be valid, to all intents and purposes,
as part of the said Constitution, viz:

Article XIII. No amendment shall be made to the Con-
stitution which will authorize or give to Congress the power

to abolish or interfere, within any State, with the domestic

516

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517

institutions thereof, including that of persons held to labor

or service by the laws of said State.

W^ Pennington

Speaker of the House of Representatives.
John C Breckinridge
Vice President of the United States,

& President of the Senate.
Approved March 2. 1861.

James Buchanan

[indorsement.]

I certify that this Joint Resolution originated in the House of

Representatives.

Attest.

J. W. Forney

Clerk.

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State of Illinois,

CONSTITUTIONAL CONVENTION

Springfield, March 22, 1862.
Hon. William H. Seward

Secretary of State

Washington D. C.
D' Sir :

I have the honor to transmit you herewith an authenti-
cated copy of an Ordinance passed by the Constitutional
Convention of the State of Illinois, February 14, 1862, rati-
fying the proposed Amendment to the Constitution of the
United States (Article 13,) on the part of the State of Illinois.
I am. Sir,

Very Respectfully,

Your Obt. Ser^,

W^ M. Springer,
Secretary of the Convention.

Be it ordained by the People of the State of Illinois, rep-
resented in the Constitutional Convention :

That the following article proposed as an amendment to

the Constitution of the United States, by a joint resolution

of the Congress of the United States, approved March 2,

1861, to wit:

Article Thirteen:

No amendment shall be made to the Constitution, which will

authorize or give *'to Congress, the power to abolish, or

518

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519

interfere, within any state, with the domestic institutions
thereof, including that of persons held to labor or service by
the laws of said State," — be and the same is hereby ratified.

State of Illinois,
Constitutional Convention.
I, William A. Hacker, President of the Convention, do
hereby certify the foregoing to be a true copy of An Ordi-
nance, adopted by the Convention, February 14* 1862, as
appears from the official record.

Witness my hand this 14*** day of February, A. D.

1862.

Wm a. Hacker

President of the Convention.

Attest: W^ M. Springer, Secretary.

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Thirty-Eighth Congress of the United States of America ;

At the — Second — Session,

Begun and held at the City of Washington, on Monday, the
fifth — day of December, one thousand eight hundred and
sixty-four.

A RESOLUTION

Submitting to the legislatures of the several States a propo-
sition to amend the Constitution of the United States.

Resolved by the Senate and House of Representatives
of the United States of America in Congress assembled,
(two-thirds of both houses concurring). That the following
article be proposed to the legislatures of the several States
as an amendment to the constitution of the United States,
which, when ratified by three-fourths of said Legislatures,
shall be valid, to all intents and purposes, as a part of
the said Constitution, namely: Article XIII. Section i.
Neither slavery nor involuntary servitude, except as a
punishment for crime whereof the party shall have been
duly convicted, shall exist within the United States, or

any place subject to their jurisdiction. Section. 2. Con-

520

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521

gress shall have power to enforce this article by appropri-
ate legislation.

Schuyler Colfax

Speaker of the House of Representatives.

H. Hamlin
Vice President of the United States.

and President of the Senate.

Approved, February i. 1865. Abraham Lincoln

[indorsement.]

I certify that this Resolution did originate in the Senate

J. W. Forney

Secretary

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State of Rhode Island^ &c

Whereas, Both Houses of the Congress of the United
States have proposed an Amendment to the Constitution of
the United States in the words and figures following, to wit:

ARTICLE XIII.

Section i. Neither slavery or involuntary servitude, ex-
cept as a punishment for crime, whereof the party shall have
been duly convicted, shall exist within the United States, or
any place subject to their jurisdiction.

Sec. 2. Congress shall have power to enforce this article
by appropriate legislation.

It is therefore Resolved, That the Legislature of the
State of Rhode Island do hereby ratify and confirm the said
Article XIII of Amendment to the said Constitution of the
United States, and do hereby assent thereto.
A true copy.

In testimony whereof I have hereto set my hand
and affixed the seal of the State of Rhode
[seal.] Island, this second day of February A. D. 1865,
the day of the adoption of the said resolution.

John R. Bartlett,

Secretary of State.
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State of Illinois

Executive Department.

Springfield Feby f^ 1865
Hon William H Seward

Secretary of State Washington D. C
Dear Sir :

The communication of F. W. Seward Acting Secretary,
bearing date 2^ February 1865 transmitting to the Governor
of the State of Illinois an attested copy of a joint Resolution
of Congress, approved on the i'* inst proposing to the Legis-
latures of the Several States of the United States a thirteenth
Article to the Constitution of the United States, has been
received.

In reply to the communication I have the honor to state
that on the i*' inst the Legislature of Illinois proceeded to
act upon the joint Resolution, and assented to and ratified
the Same. An attested copy of the assent and ratification by
the Legislature of the State of Illinois is herewith transmitted
Very Respectfully Your Obd't Seryt

Richard J Oglesby

Governor of Illinois

Whereas the Congress of the United States has pro-
posed, to the several States, the following amendment to the
Federal Constitution, viz ;

-Article XIII."

** Section i. Neither slavery nor involuntary servitude, ex-

523

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'*cept as a punishment for crime, whereof the party shall

"have been duly convicted, shall exist within the United

''States or any place subject to their jurisdiction.*'

** Section 2. Congress shall have power to enforce this

** Article by appropriate Legislation."

£ g Therefore be it resolved by the Senate, the House of

^ - Representatives concurring herein, that, the State of Illinois,

c < by its Legislature, hereby ratifies and assents to said Amend-

1 ^; ment.
g Allen C Fuller

.^ o Speaker House Representatives.

^ W^ Bross

Speaker of the Senate.

Approved February i. 1865.

Richard J. Oglesby

Cxovemor.

United States of America^

^ ,„. . y ss. Office of Secretary of State

State of Ilhnois. ) ^

I, Sharon Tyndale, Secretary of State of the State of

Illinois, do hereby certify that the foregoing is a true copy

of a joint Resolution adopted by the Legislature of this

State ratifying an amendment to the Constitution

of the United States now on file in this office. In

witness whereof I have hereunto set my hand, and

affixed the Great Seal of State, at the City of

Springfield, this seventh day of February A. D.

1865.

[seal.]

Sharon Tyndale
Secretary of State.

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State of Michigan

EXECUTIVE OFFICE

Lansing, Feb^ 8* 1865.

To His Excellency, Abraham Lincoln,

Pres' of the United States.
Sir:—

I herewith transmit the Joint Resolution ratifying the

Amendment proposed to the constitution of the United

States, which has passed both branches of the Legislature of

this State, and Approved Feb^ 2. 1865.

I have the honor to be,

Very Respectfully,

Your Excellency's Obe' Serv*

Henry H Crapo,

Governor.

[indorsement.]

Respectfully referred by the President of the United

States to the Hon : Sec : of State

Jno. G. Nicolay

Priv: Sec.
Feb 15. 1865

Joint Resolutions
Ratifying The Amendment Proposed To The Constitution
Of The United States.
Whereas the Congress of the United States, after solemn

and mature deliberation therein, has, by a vote of two thirds

525

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526

of both houses passed **A Joint Resolution submitting to the
Legislatures of the several States a proposition to amend
the Constitution of the United States/' which resolution is
in the following words.

**Be it resolved by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That the following Article be proposed to the Legislatures of
the several States, as an Amendment to the Constitution
of the United States, which, when ratified by three fourths of
said Legislatures, shall be valid to all intents and purposes,
as a part of the Constitution, namely ;

Article XIII.
Section i. Neither Slavery nor involuntary Servitude, ex-
cept as a punishment for crime, whereof the party
shall have been duly convicted ; shall exist within the
United States, or any place subject to their jurisdic-
tion.
Section II. Congress shall have power to enforce this
Article by appropriate legislation.'*

And
Whereas, American Slavery, in its wickedness and infatu-
ation, has added to its many other heinous sins, the
crime of waging a causeless, cruel and bloody war, for
the avowed purpose of dividing and destroying the
Nation, whereby it has forfeited all right to further tol-
eration, and has clearly demonstrated that its continuance is
wholly incompatible with the safety and preservation of a free
Republican Government; and **that in order to form a more
perfect union, establish justice, insure domestic tranquility,
provide for the common defense, promote the general wel-
fare, and secure the blessings of liberty to ourselves and our

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527

posterity/* it has become necessary to utterly destroy this bar-
barous foe of civilization, humanity and religion ; therefore ;
Resolved, By the Senate and House of Representatives
of the State of Michigan, That in the name and in be-
half of the People of this State, we do hereby ratify,
approve and assent to the said Amendment.
Resolved, That a copy of this assent and Ratification be
engrossed on parchment, and transmitted by his
Excellency the Governor, to the United States in
Congress assembled.

Ebenezer O. Grosvenor.

President of the Senate
A. D. Griswold
Speaker of the House of

Representatives Pro-tem-pore.
Approved February 2. 1865.

Henry H. Crapo,

Governor.
State of Michigan
Office of the Secretary of State

I. George H. House. Deputy Secretary of State of the
State of Michigan, Do Hereby Certify, That the foregoing is
a true copy of the Preamble and Resolutions which passed
the Legislature of the State of Michigan, February, 2~* A D.

1865.

In Testimony Whereof, I have hereunto set my

hand and affixed the Great Seal of the State of

[seal.] Michigan at Lansing this sixth day of February, in

the year of Our Lord one thousand eight hundred

and sixty five,

Geo H House

Deputy Secretary of State,

ss.

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State of Maryland

EXECUTIVE DEPARTMENT

Annapolis Nov 29* 1865.
Hon W» H Seward

Secretary of State of U. S.
Sir.

I have the honor herewith to transmit in accordance with

the request of your letter of 18'** Inst an authenticated

copy of the Resolution passed by the General Assembly of

this State ratifying the amendment to the Constitution of the

United States, abolishing slavery in the United States, as

proposed by 38'** Congress.

I have the honor to be

With great respect.

Your obdt Servant

A W Bradford

Maryland Set.
At a Session of the General Assembly of Maryland begun
and held at the City of Annapolis on the first Wednesday of
January being the fourth day of the said Month in the year
of our Lord One thousand eight hundred and sixty five and
ended on the twenty fourth day of March in the same year.

His Excellency Augustus W Bradford Governor.
Among other the following Resolutions were enacted to
Wit,

Resolutions ratifying an Amendment to the Constitution of

528

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529

the United States of America proposed by Congress to the
Legislatures of the Several States.

Whereas It is provided by the fifth Article of the Consti-
tution of the United States of America, that Congress,
whenever two thirds of both Houses shall deem it necessary,
shall propose Amendments to the said Constitution, or on
the application of the Legislatures of two thirds of the sev-
eral states shall call a Convention for proposing amendments
which in either case shall be valid to all intents and purposes
as part of the said Constitution when ratified by the Legisla-
tures of three fourths of the Several States or by Conven-
tions in three fourths thereof, as the one or the other mode
of ratification may be proposed by the Congress.

And Whereas, by the thirty eighth Congress of the
United States at the Second Session thereof, begun and held
at the City of Washington on Monday the fifth day of De-
cember in the year Eighteen hundred and sixty four, it was
resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, (two thirds
of both Houses concurring) that the following Article be
proposed to the Legislatures of the Several States as an
amendment to the Constitution of the United States, which
when ratified by three fourths of said Legislatures shall be
valid, to all intents and purposes as a part of said Constitu-
tion, namely,

Article Thirteen.

Section i . Neither Slavery nor involuntary servitude except
as a punishment for Crime whereof the party shall have been
duly Convicted shall exist within the United States or any
place subject to their jurisdiction,

4 AP 14,

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530

Section 2, Congress shall have power to enforce this Ar-
ticle by appropriate legislation ;
Therefore,

Be it resolved, by the General Assembly of Maryland,
That the aforesaid Amendment be and the same is hereby
confirmed and ratified,

By the House of Delegates.
These engrossed Resolu-
tions the original of which
passed the House of Dele-
gates by yeas and Nays
February i'^ 1865 was this
day read and assented to.
By Order, W. R. Cole,

Chf Clk

By the Senate,
These engrossed Resolu-
tions the original of which
passed the Senate by yeas
and Nays February 3** 1865
was this day read and as-
sented to.
By Order

C Harwood Secretary.

Maryland Set.
I, George Earle, Clerk of the Court of Appeals of Maryland,
do hereby certify that the preceding is a full and true Copy
of The Resolutions of the General Assembly of Maryland
of which they purport to be Copies as taken from Liber G.
E. N^ 2 folio 415 one of the Law Records of the State of
Maryland belonging to the Office of the Court of Appeals
of Maryland

In Testimony whereof I hereunto subscribe my

name as Clerk, and affix the seal of the said Court

L -^ of Appeals this 29'** day of November in the year

of our Lord 1865.
[Five-cent revenue stamp.] George Earle, Clerk

Court of Appeals of Maryland,

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531

Maryland Set.

I, Richard J Bowie, Chief Justice of the Court of Appeals
of Maryland, do hereby certify, that George Earle is Clerk
of said Court of Appeals for the State of Maryland and that
the aforegoing attestation by him is in due form and by the
proper Officer,

Given under my hand and Seal this 29*** day of No-
vember in the year of our Lord 1865.

RicH^ J Bowie [seal.]
[Five-cent revenue stamp.]

Maryland Set

I, George Earle, Clerk of the Court of Appeals of Maryland,

do hereby certify that The Honorable Richard J Bowie who

has signed the annexed Certificate is, and at the time of so

doing was Chief Justice of the Court of Appeals of Maryland,

and that full faith and Credit are due and ought to be given

to his Acts as such, as well in Courts of Justice as thereout.

In Testimony whereof, I have hereunto set my

hand as Clerk, and affixed the Seal of the said

L 'J Court of Appeals this 29* day of November A. D.

1865.

Georgk Earle, Clerk

Court of Appeals of Maryland

[Five-cent revenue stamp.]

State of Maryland, to wit :

I, Augustus W. Bradford Governor of the State of Mary-
land, do hereby certify, that George Earle Esq is Clerk of

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532

the Court of Appeals of Maryland, and, as such, is Keeper
of the Acts and Resolutions of the General Assembly of the
said State, and that the foregoing attestation is in due form
and by the proper Officer.

In Testimony whereof, I hereunto set my hand and

affix the Great Seal of the State of Maryland, this
L' *J 29'** day of November A. D., eighteen hundred

and [** fifty'* stricken out] Sixty five.

A W Bradford
By the Governor :

W'^ B Hill Secretary of State.

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Whereas, at the session of the thirty-eighth Congress it
was resolved by the Senate and House of Representatives of
the United States of America, in Congress assembled, two-
thirds of both Houses concurring, that the following article
be proposed to the Legislatures of the several States as an
amendment to the Constitution of the United States, which,
when ratified by three- fourths of said Legislatures, shall be
valid to all intents and purposes as a part of the said Con-
stitution, Viz: —

** Article Thirteen.

**Section i. Neither slavery nor involuntary servitude, ex-
cept as a punishment for crime whereof the party shall have
been duly convicted, shall exist within the United States or
any place subject to their jurisdiction ;

**§ 2. Congress shall have power to enforce this article
by appropriate legislation ;*'

Therefore, Resolved, (if the Assembly concur,)

That the said proposed amendment to the Constitution
be, and the same is hereby ratified by the Legislature of the
State of New York.

State of New York
In Senate, February 2. 1865.

The foregoing resolution was duly passed.

By Order of the Senate.

L^^^^-1 Thomas G Alvord President.

Jas Terwilliger Clerk.

533

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534

In Assembly February' 3. 1865
Concurred in without amendment
By Order
'-''-' G G HosKiNS Speaker.

L B. CtsHMAN Clerk.

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The State of West Virginia,

EXECUTIVE DEPARTMENT,

Wheeling, November 8*^ 1865

His Excellency Andrew Johnson

President of the United States
Sir:

I have the pleasure of transmitting herewith a duly
authenticated copy of a resolution adopted by the Legisla-
ture of this State on the 3"^ day of February 1865, ratify-
ing the amendment to the Constitution of the United States
for the abolishment of slavery, and of announcing the fact
that the resolution was adopted by the unanimous vote
of both Houses of the Legislature.

I am Very Respectfully

Yr. obedt. Servt

a. j. boreman

[indorsement.]

Wheeling W Va Nov 8'^ 1865
Boreman A J. Gov
Encloses copy of Resolutions adopted by the Legisla-
ture, endorsing the Constitutional Amendment for the Abol-
ishment of Slavery.
Carried by an Unanimous vote of both Houses.

Whereas, the Senate and House of Representatives of
the United States of America in Congress assembled, by a

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536

concurrent vote of two thirds of both houses, has proposed
to the legislatures of the several states the following amend-
ment to the Constitution of the United States, to be classified
as article thirteen of the amendments to said Constitution,
namely :

-Article XIII

1. Neither slavery nor involuntary servitude, except as a
punishment for crime, whereof the party shall have been
duly convicted, shall exist within the United States or any
place subject to their jurisdiction.

2. Congress shall have power to enforce this article by
appropriate legislation : " therefore,

Resolved by the Legislature of West Virginia, That the
said proposed amendment is hereby ratified.
Adopted, February 3. 1865.

State of West Virginia

Clerk's Office, House of Delegates,

March 3, 1865.

I certify that the foregoing is a true transcript from the

record in this office.

W^ P. Hubbard

Clerk House of Delegates,

and Keeper of the Rolls.

State of West Virginia,

Office Secretary of the State.

I, Granville D. Hall, Secretary of the State aforesaid,

hereby certify that W"" P. Hubbard whose name is subscribed

to the foregoing certificate, was at the date thereof Clerk of

the House of Delegates and Keeper of the Rolls of said State,

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537

duly elected and qualified as such ; and diat his signature to
said certificate is genuine.

In testimony whereof, I have hereunto set my
[seal AP-] hand and affixed the Great seal of the said State
PENDANT.] at my said office in the City of Wheeling, this
twenty first day of September, 1865.

Granville D. Hall

Secy of the State.

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Commonwealth of Massachusetts.

Executive Department.

Boston, February 9* 1865.
To Hon. William H. Seward,

Secretary of State.
Sir:

I have the honor to acknowledge the receipt from the
State Department of a certified copy of the Resolution of
Congress proposing an Amendment to the Constitution of
the United States, abolishing Slavery.

And I herewith transmit a certified copy of An Act of the
General Court of Massachusetts ratifying said proposed
amendment ; and inclose also a copy of a message addressed
by me today to the General Court on this subject.

I have the honor to remain your obedient servant

John A. Andrew.

COMMONWEALTH OF MASSACHUSETTS.

In the year One Thousand Eight Hundred and Sixty-five.

AN ACT ratifying an Amendment of the Constitution of

the United States proposed by the two Houses of Congress

to the Legislatures of the several States.

Whereas the Senate and House of Representatives of
the United States did on the thirty-first day of January one
thousand eight hundred and sixty-five Resolve, two thirds
of both Houses concurring, **That the following article be

proposed to the Legislatures of the several States, as an

538

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539

Amendment to the Constitution of the United States, which
when ratified by three fourths of said Legislatures shall be
valid to all intents and purposes as a part of the said Con-
stitution, namely. Article XIII. Section i. Neither slavery
nor involuntary servitude, except as a punishment for crime
whereof the party shall have been duly convicted, shall exist
within the United States, or any place subject to their juris-
diction. Section 2. Congress shall have power to enforce
this Article by appropriate legislation/'

Be it therefore enacted by the Senate and House of
Representatives in General Court assembled, and by the
authority of the same, That the said amendment be and it is
hereby agreed to, ratified and confirmed, on the part of this
Commonwealth to become valid as part of the Constitution
of the United States, as soon as the same shall be ratified by
three fourths of the Legislatures of the several States.

House of Representatives, February 6*** 1865,

Passed to be enacted,

Alexander H. Bullock, Speaker.

In Senate, February 7, 1865,
Passed to be enacted,

J. E. Field, President.

February 8* 1865,

Approved,

John A. Andrew.

Secretary's Department.
I hereby certify the foregoing to be a true copy of an
Act of the Senate and House of Representatives
of the Commonwealth of Massachusetts.

Witness the Seal of the Commonwealth hereunto
[seal.] affixed at Boston this tenth day of February in

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540

the year one thousand eight hundred and sixty-
five and the eighty-ninth of the Independence of
the United States of America.

Oliver Warner
Secretary of the. Commonwealth.

Commonwealth of Massachusetts.

Secretary's Department.

Boston, March 8. 1865.

To His Excellency Abraham Lincoln,

President of the United States,

Sir, — In compliance with a concurrent order of the Senate

and House of Representatives, I have the honor herewith

to transmit to Your Excellency, a duly attested copy of

an act of the General Court of the Commonwealth of

Massachusetts, entitled **An Act ratifying an Amendment

of the Constitution of the United States, proposed by the

two Houses of Congress to the Legislatures of the several

States."

I have the honor to be Very respectfully

Your Obed' Servant

Oliver Warner,

Secretary of the Commonwealth

[indorsement.]

Secretary of State of Mass : encloses Act ratifying proposed
amendment to to the Constitution of U. S.
Respectfully referred by the President to the Hon the Sec-
retary of State.

Jno. G. Nicolay

March 13'** 1865. Priv. Sec.

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541
Commonwealth of Massachusetts.

In the year One Thousand Eight Hundred and Sixty-five.

An Act ratifying an Amendment of the Constitution of
the United States, proposed by the two Houses of Congress
to the Legislatures of the several States.

Whereas the Senate and House of Representatives of
the United States did on the thirty-first day of January one
thousand eight hundred and sixty-five, Resolve, two thirds
of both Houses concurring, **That the following article be
proposed to the Legislatures of the several States, as an
amendment to the Constitution of the United States, which
when ratified by three fourths of said Legislatures shall be
valid to all intents and purposes as a part of the said Consti-
tution, namely. Article XIII. Section i. Neither slavery nor
involuntary servitude, except as a punishment for crime
whereof the party shall have been duly convicted, shall exist
within the United States, or any place subject to their juris-
diction. Section 2. Congress shall have power to enforce
this Article by appropriate legislation.'*

Be it therefore enacted by the Senate and House of
Representatives in General Court assembled, and by the
authority of the same. That the said amendment be and
it is hereby agreed to, ratified and confirmed, on the part
of this Commonwealth to become valid as part of the Con-
stitution of the United States, as soon as the same shall
be ratified by three fourths of the Legislatures of the sev-
eral States.

House of Representatives, February 6*** 1865

Passed to be enacted,

Alexander H. Bullock, Speaker.

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542

In Senate. February 7, 1865,
Passed to be enacted,

J. E. Field, President
February 8^** 1865

Approved,

John A. Andrew.

Secretary's Department,
Boston, March 8'** 1865.
I certify the foregoing to be a true copy of the of the
Original.

Witness the seal of the Commonwealth.
[seal.] Oliver Warner.

Secretary.

HOUSE....N0. 54.

Commonwealth of Massachusetts.

Executive Department, Boston,")
February 8th, 1865. )

To the Honorable the House of Representatives:

The Act of the General Court of Massachusetts ** ratifying
an Amendment of the Constitution of the United States pro-
posed by the two Houses of Congress to the legislatures of
the several States," has been laid before me by the secretary
of the Commonwealth, for approval, and it being thus pre-
sented, I have signed it, gladly cooperating in form, with the
legislature, in a transaction so momentous and significant.
This amendment was proposed by Congress in due conform-
ity to the fifth article of the Constitution of the United States,
which provides that **the Congress,'* (which by the first arti-
cle is defined to * consist of a Senate and House of Repre-

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543

sentatives/) whenever two-thirds of both Houses shall deem
it necessary, shall propose amendments to this Constitution
* * * which * * shall be valid to all intents and pur-
poses as part of this Constitution, when ratified by the legisla-
tures of three-fourths of the several States or by conventions
in three-fourths thereof, as the one or the other mode of rati-
fication may be proposed by the Congress/*

But the occasion of the laying of this Act before me for
approval, seems to invite some comments upon the relation
of the governor to the legislation of the general court, which
I herewith respectfully submit to your consideration.

That relation is established by the second article of the
first section of the first chapter of the Constitution of Massa-
chusetts, which provides that **no bill or resolve of the Senate
or House of Representatives shall become a law, and have
force as such until it shall have been laid before the gov-
ernor for his revisal.*' But this provision is of necessity to
be limited to legislative Acts, having their origin in the pow-
ers which the legislative body (defined by the same section
as ** formed by two branches, a Senate and House of Repre-
sentatives,") derives from the Constitution of Massachusetts
itself It cannot apply to cases in which a power is specific-
ally granted by the Constitution of the United States to the
legislature of the State, and when the action of the legislative
body alone is required by the terms of that Constitution in
order completely to execute such power. If the revisal of
the governor is necessary in order to complete an Act rati-
fying an amendment to the Federal Constitution, then in case
of his objection to a bill of ratification, it becomes necessary
for two-thirds of both branches of the legislature to agree to
pass such bill, in order to effect such ratification on the part

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544

of this Commonwealth. Thus the veto power with which the
governor is invested by the Constitution of Massachusetts,
would be extended so as to include transactions which spring
directly from the Constitution of the United States, and are
therein in all respects provided for. This would be not only-
extending the veto power by implication, but extending it
also against the rights of the other States, and of the people
of the United States, whose right it is that the decision of tke
legislature (to which alone the Federal Constitution appeals
in a case like the present,) should not be limited by the inter-
ference of the governor. The fact that the fifth article of the
Constitution of the United States provides for an alternative
mode of ratification by '* conventions" instead of by "legis-
latures,'' and that Congress may at pleasure propose the one
or the other mode, is of itself decisive. If a **convention"
should ratify a proposed amendment, the revisal by the gov-
ernor, of the act of the Convention, would surely not be
contemplated, and his signature of such act would be wholly
inappropriate, however cordially he might approve it.

On a previous occasion I have had the honor to express
to the general court some opinions of the competency of a
State to superadd qualifications to those prescribed by the
Constitution of the United States ; and I beg respectfully to
refer to a message transmitted to the general court of 1862
and printed as No. 132 of Senate documents of that year, as
including considerations of the general subject, which have
application to this special case.

On the day following the passage of the present Act of
Ratification to a third reading in the House of Representa-
tives, I received from the office of the Secretary of State of
the United States, a copy duly authenticated by him, under

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545

date of February 2, of the Resolution of Congress proposing
to the legislatures of the several States the Amendment to
the Constitution of the United States, which has now been
ratified by Massachusetts. Had I received this copy earlier,
I should have transmitted it to the general court, for its in-
formation. But since no difference appears between the lan-
guage of the proposed amendment, as certified in this copy,
and the recitation of it in the Act of the general court, I have
caused the copy to be filed by the secretary of the Common-
wealth, with the public archives of his office, without such
previous transmission.

I have deemed that course the more appropriate and
respectful, lest by transmitting it I might seem to assume
that the proceeding of the general court to consider the sub-
ject prior to such transmission, was irregular and improvi-
dent. In this connection I ask leave to remark that the
question thus suggested, did not escape my attention. The
Resolve of Congress proposing the Amendment, is, in the
highest sense, both a matter of public history, and an act of
public legislation of which every court, both State and Fed-
eral, in the Union, will take judicial notice, recognizing it as a
fact within its own knowledge, and resorting, where memory
is at fault, to such documents of reference as may be at hand
and be deemed worthy of confidence. In the exercise of its
own proper discretion, the general court of Massachusetts
has taken judicial notice of the passage of the Resolution of
Congress ; and although any approval of my own is superflu-
ous, I have deemed it an honor to certify such approval, by
my official signature. But by this message I desire to pre-
vent the form of approval, in this instance, from being drawn

into a precedent which might seem wrongfully to enlarge the
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546

powers of the governors of States, in like cases, and corre-
spondingly to limit the powers granted by the Federal Con-
stitution exclusively to legislatures of the States.

John A. Andrew.

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Office House of Representatives, U. S.

Washington, D. C, Mch 3 1865.
Sir

I have the pleasure of introducing Hon. George W.
Householder, of the Senate of Pennsylvania, one of Com**
appointed to convey the evidence of the ratification, by the
Legislature of Pennsylvania of the pending am*** to the Con-
stitution of the United States.

Very respectfully

Edw^ M^Pherson
Hon. W H Seward,

Sec^ of State.

A Joint Resolution to Ratify the Amendment to the Consti-
tution of the United States relating to Silavery.
Whereas, two-thirds of the members of the Senate and
House of Representatives of the United States in Congress
assembled Did, on the thirty-first day of January, eighteen
hundred and sixty-five. Adopt an Amendment to the Con-
stitution of the United States as follows :
- Article XIII.

Section 1. Neither Slavery nor Involuntary Servitude,
except as a punishment for Crime, whereof the party
shall have been duly convicted, shall exist within the
United States or any place subject to their Jurisdiction
Section 2. Congress shall have power to enforce this
Article by appropriate legislation."

547

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548

Which said Amendment must be Proposed and Submitted to
the several States for their Approval and Ratification ; there-
fore Be it Resolved by the Senate and House of Representa-
tives of the Commonwealth of Pennsylvania in General As-
sembly met, that the Amendment, as above Proposed and
Submitted, is hereby Ratified and Adopted by the State of

Pennsylvania.

Arthur G. Olmsted

Speaker of the House of Representatives.

W^ J. TURRELL

Speaker of the Senate.
State of Pennsylvania, ss.

We do hereby Certify that the above and foregoing is a
true and correct copy of A Joint Resolution to ratify the
Amendment to the Constitution of the United States relating
to Slavery, as the same passed the House of Representa-
tives and Senate of Pennsylvania, on the 8'** February A. D.

1865.

A. W. Benedict

Clerk of the House of Representatives.

Geo. W. Hamersly

Clerk of the Senate.

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State of Maine.

Executive Department

Augusta February 14. 1865
Sir

I have the honor herewith to transmit an authenticated

copy of the action of the Legislature of this State upon the

question of the Amendment of the Constitution of the

United States.

Very Respectfully

Your Obt. Servant

Sam^ Cony
Governor of Maine.

State of Maine.
In the year of our Lord one thousand eight hundred and

sixty-five.
An Act
to ratify an Amendment of the Constitution of the United
States, proposed to the Legislatures of the several States,
by a Resolution of Congress approved on the first day of
February in the year of our Lord one thousand eight hun-
dred and sixty-five.

Whereas, at the second session of the thirty eighth Con-
gress of the United States of America, held at Washington
in the District of Columbia on the first day of February
aforesaid, it was resolved as follows, viz : —

Resolved by the Senate and House of Representatives of

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550

the United States of America in Congress assembled (two
thirds of both Houses concurring) that the following article
be proposed to the legislatures of the several states as an
amendment to the Constitution of the United States, which
when ratified by three fourths of said legislatures shall be
valid to all intents and purposes, as a part of the said con-
stitution, namely :

Art. XIII.

Section i. Neither Slavery nor Involuntary Servitude,
except as a punishment for crime whereof the party shall
have been duly convicted shall exist within the United States,
or any place subject to their jurisdiction.

Section 2. Congress shall have power to enforce this
article by appropriate legislation.

Be it therefore enacted by the Senate and House of Rep-
resentatives of the State of Maine in Legislature assembled,
as follows, viz:

Section i. That the said proposed amendment be and
the same is hereby ratified on behalf of the State of Maine.

Section 2. This act shall take effect on its approval by

the governor.

In the House of Representatives. February 7. 1865

This bill having had three several readings passed to

be enacted.

W. A. P. Dillingham, Speaker.

In Senate February 7. 1865. This bill having had
two several readings passed to be enacted.

David D. Stewart President

February 7. 1865 Approved.

Samuel Cony.

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551

State of Maine
Office of Secretary of State.

I hereby certify that the foregoing is a true copy of the
original as Engrossed and deposited in this office —

In testimony whereof, I have hereunto set my hand

and affixed the Seal of the State, at Augusta this

P -, fourteenth day of February, in the year of our

I SEAL. J

Lord one thousand eight hundred and sixty-five
and of the Independence of the United States of
America the eighty-ninth.

Ephraim Flint Jr
Secretary of State.

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State of Kansas,

EXECUTIVE OFFICE,

Topeka, March 6 1865
To His Excellency A. Lincoln

President of the U. S.
Sir

I am directed by His Excellency Gov Samuel J. Crawford
to transmit Concurrent Resolution No 42 of the Legislature
of Kansas ratifying the proposed Amendment to the Consti-
tution of the United States prohibiting Slavery or involuntary
Servitude dierein except as punishment for crime

I have the honor to be your Most Obedient Servant

J. B. McAfee
Private Secretary

[indorsement.]

Respectfully referred by the President to the Hon, the Sec-
retary of State.

Jno. G. Nicolay

March 15 .65. Priv. Sec

Senate Concurrent Resolutions No. 42.

Concurrent Resolution ratifying certain proposed amend-
ments to the constitution of the United States abolishing
Slavery.

Whereas, the congress of the United States has sub-
mitted the following proposed amendments to the consti-
tution of the United States, to the Legislatures of the several

States for ratification : namely,

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553

Article XIII.

Section One. Neither Slavery nor involuntary servitude
except as a punishment for crime, whereof the party shall
have been duly convicted, Shall exist within the United
States, or any place subject to their jurisdiction.

Section Second. Congress shall have power to enforce
this article by appropriated Legislature.

Therefore be it Resolved by the Senate the House of
Representatives concurring therein, that the foregoing pro-
posed amendments be and they are ratified.

Resolved That the Governor of the State of Kansas is
hereby requested to transmit to the President of the United
States, the President of the Senate, and Speaker of the
House of Representatives in Congress, a copy of the fore-
going Resolutions, duly certified by the Presiding Officers
of the two Houses and the Chief Clerks thereof,

I hereby certify that the foregoing Resolutions originated

in the Senate on the Sixth day of February, A. D. 1865, and

passed the Senate on the Seventh day of February, A. D.

1865, unanimously.

Fredrick William Potter,

President, Pro Tempore of the Senate.

A. Smith, Devenney

Secretary of the Senate.

I hereby certify that the foregoing Resolutions passed the *

House of Representatives on the Seventh day of February,

A. D. 1865, unanimously.

Jacob Slotter

Speaker of the House of Representatives

D. B. Emmert,

Chief Clerk of the House of Representatives.

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The State of Ohio

Executive Department

Columbus, Feby lo 1865

His Excellency Abraham Lincoln

President of the U States

Washington City D C
Sir

I have the honor to enclose you certified copy of a Joint

Resolution of the General Assembly of the State of Ohio,

ratifying the amendment to the Constitution of the United

States, abolishing Slavery

Very Respectfully

Jno Brough

Whereas, the General Assembly has received official notifica-
tion of the passage, by both Houses of the Thirty-Eighth
Congress of the United States, at its second session, of the
following proposition to amend the Constitution of the
United States, by a Constitutional majority of two thirds
thereof in the words following, to wit ;

A Resolution submitting to the Legislatures of the
several States, a proposition to amend the Constitution of
the United States,

Resolved, by the Senate and House of Representatives

of the United States of America in Congress Assembled,

(two thirds of both Houses concurring) that the following

Article be proposed to the Legislatures of the several States,

as an amendment to the Constitution of the United States,

556

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557

which when ratified by three fourths of said Legislatures,

shall be valid to all intents and purposes, as a part of the

Constitution, namely :

Article XIII.

Section i. Neither Slavery nor involuntary Servitude except

as a punishment of crime whereof the party shall have been

duly convicted, shall exist within the United States, or any

place subject to their Jurisdiction.

Section 2, Congress shall have power to enforce this article

by appropriate legislation.

Whereas, Three fourths of the Legislatures of the States

composing the United States are required to give assent to

the said proposed amendment to the Constitution of the

United States, before it becomes a part thereof;

Therefore, Resolved by the General Assembly of the
State of Ohio, That we hereby ratify, on behalf of the State
of Ohio, the above recited proposed amendment to the Con-
stitution of the United States,

Resolved, That a certified copy of the foregoing preamble
and resolution be forwarded, by the Governor of Ohio, to
the President of the United States.

John Johnston,
Speaker of the House of Representatives ;

Charles Anderson,

President of the Senate.
February 10'** 1865.

Office of the Secretary of State,

Columbus, O, Feby. nth. 1865 —

I certify the foregoing to be truly copied from the

original roll on file in this office.

W** Henry Smith,

Secretary of State.

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558
[indorsement.]
S. J. R N- 87

Relative to an amendment of the Constitution of the United
States.

Respectfully referred by the President to the Hon, the Secre-
tary of State.

Jno. G. Nicolay

Priv. Sec.
Febry 17. 1865.

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State of Minnesota

EXECUTIVE DEPARTMENT

Saint Paul, March 7, 1865
Hon William H Seward

Secy of State for the U States

Washington D. C.
Sir

I have the honor to enclose a certified copy of a Concur-
rent Resolution of the Legislature of the State of Minnesota,
ratifying the Amendments to Art 13, Sec i. of the constitu-
tion of the United States, abolishing slavery.
Very Respectfully

your obt Servt

Stephen Miller

Govr Minn.

A Concurrent Resolution
to ratify the amendments proposed to the Constitution of the
United States, abolishing slavery. —

Whereas: The Congress of the United States has pro-
posed to the several States the following amendments to the
Constitution of the United States, viz:

**Art: 13. Sec. i. Neither slavery, nor involuntary servi-
tude, except as a punishment for crime, whereof the party
shall have been duly convicted, shall exist within the United
States, or any place subject to their jurisdiction

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56o

Sec. 2. Congress shall have power to enforce this Article
by appropriate Legislation/'
Therefore :

Be it resolved by the House of Representatives (the
Senate concurring) that said proposed amendments be and
the same are hereby ratified and assented to by the Legisla-
ture of the State of Minnesota.

sigd. Thomas H. Armstrong
Speaker of the House of Representatives,
sigd. Charles D. Sherwood.

President of the Senate.

Passed the House of Representatives February 8^** 1865.

sigd. Andrew C. Dunn
Chief Clerk of the House of Representatives.

Passed the Senate February 23** 1865.

signd: E. B. Ames.
Secretary of the Senate.

State of Minnesota

Office of the Secretary of State

I certify the foregoing to be a true and correct copy of

the original on file in this office. —

In Testimony Whereof I have hereunto set my

hand and affixed the Great Seal of the State at the
Fseal T
*■ '■* Capitol in St. Paul this Fourth day of March A. D.

1865.

D. Blakely.

Sec^ of State

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Commonwealth of Virginia,

OFFICE OF THE SECRETARY OF THE COMMONWEALTH,

Richmond, Nov' 27'** 1865.
Hon William H Seward

Sec'y State, of The United States.
Dr. Sir.

In reply to your communication of the 18^** Inst I Have
the honor to enclose a certified copy of the Act of the Gen-
eral Assembly of Virginia, passed Feby 9^ 1865, Ratifying
the amendment to the Thirteenth Article of the Constitution
of the United States.

It is proper to state, that a certified copy of this act was
duly forwarded to the State Department of the United
States, soon after its passage.

Very Respectfully

Yr ob' Serv'

F. H. Peirpoint

By the General Assembly of Virginia,

An Act ;
To ratify the Joint Resolution of Congress, passed January
thirty first, one thousand eight hundred and sixty five, pro-
posing an Amendment to the Constitution of the United

States —

Passed February 9*** 1865.

Preamble. Whereas, It is provided by the Constitution of

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562

the United States of America, that Congress may, whenever
two-thirds of both Houses deem it necessary, propose amend-
ments to the same, to be ratified by the Legislatures of three-
fourths of the several States, or by Conventions therein, as
the one or the other may be proposed by Congress.

And whereas, By the thirty-eighth Congress of the United
States at the second session thereof, begun and held at the
City of Washington, on Monday, the fifth day of December,
one thousand eight hundred and Sixty four, it was

** Resolved by the Senate and House of Representatives
of the United States of America in Congress assembled/' (trwo
thirds of both Houses concurring) That the following article
be proposed to the Legislatures of the several States, as an
Amendment to the Constitution of the United States, which,
when ratified by three fourths of said Legislatures, shall be
valid to all intents and purposes as a part of said Constitu-
tion :

Article i3'\

§ I. Neither slavery nor involuntary servitude, except as a
punishment for crime, whereof the party shall have been
duly convicted, shall exist within the United States, or any
place subject to their jurisdiction.

§ 2 Congress shall have power to enforce this Article by
appropriate legislation/'

Therefore be it enacted by the General Assembly of Vir-
ginia, That the aforesaid amendment to the Constitution of
the United States, be and the same is hereby ratified.
(Signed) J. Madison Downey

Speaker of the House of Delegates.
L. C. P. COWPER,

President of the Senate

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563 '

State of Virginia:

I Charles H Lewis Secretary of the Common-
wealth of Virginia, do hereby certify that the fore-
going is a true copy from the enrolled Bills of the
General Assembly of Virginia, filed in my office.

I QI? AT I

L 'J In testimony whereof I have hereunto subscribed
my name and affixed the lesser seal of the State of
Virginia this 2f^ day of November 1865 in the 90***
year of the Commonwealth

Ch. H. Lewis
Sec^ Com w'th Va.

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State of Indiana

Executive Department.

Indianapolis, December 12th 1865.

Hon. Schuyler Colfax,

Speaker, House Representatives,

Washington City,
Sir,

Being informed that no official information has been re-
ceived by the Government of the ratification by the General
Assembly of this State of the proposed Amendment to the
Constitution of the United States in relation to Slavery, I
have the honor herewith respectfully, to transmit a Copy of
the Joint Resolution of the General Assembly of the State
of Indiana on the subject, Approved February i6th 1865,
Certified by the Secretary of State, under the Seal of the
State.

I have the honor to be,

Very Respectfully,

Your Obedient Servant,

Conrad Baker
Lieut Governor acting as

Governor of Indiana

Joint Resolution N° 16.
A Joint Resolution accepting and ratifying certain Amend-
ments to the Constitution of the United States, proposed by

Congress to the Legislatures of the several States.

564

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565

Whereas, Congress has, by a two thirds vote, proposed
to the Legislatures of the several States, as an Amend-
ment to the Constitution of the United States, which, when
ratified by the Legislatures of three fourths of said States,
shall be valid, to all intents and purposes, as a part of said

Constitution, namely :

-Article XIII.

** Section i. Neither Slavery nor involuntary servitude,
except as a punishment for crime, whereof the party shall
have been duly convicted, shall exist within the United
States, or any place subject to their jurisdiction.

**Sec. 2. Congress shall have power to enforce this arti-
cle by appropriate Legislation;*' approved February i, 1865;
therefore :

Be it resolved by the General Assembly of the State of

Indiana, That said proposed amendments to the Constitution

of the United States are hereby accepted and ratified on the

part of the State of Indiana.

John W. Pettit

Speaker of the House of Representatives

Conrad Baker

President of the Senate
Approved February 16, 1865

O. P. Morton

Governor of Indiana
the State of Indiana, S. S. |
Office of Secretary of State )

I, Nelson Trusler Secretary of State for the State of Indi-
ana, certify that I, have compared the above and foregoing
with the Enrolled Joint Resolution from which the same was
taken, now on file in the said Office of Secretary of State, and
find the same to be a full, true and complete Copy thereof

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566

In testimony whereof I have hereunto set my hand
[**and'' stricken out] and affixed the Seal of the

I op AT I

'■* said State of Indiana at, the City of Indianapolis, this
12*** day of December A. D. 1865.

Nelson Trusler
[Five-cent revenue stamp.] Secretary of State

Thirty-Ninth Congress, U. S.

House of Representatives.

Washington, D. C. Dec 15 1865
Hon W. H. Seward,

Secretary of State,
Sir,

I have the honor of transmitting herewith official notice
from Acting Governor Baker of Indiana [**of the" stricken
out] & Hon Nelson Trusler, Secretary of State, of the ratifi-
cation by the Legislature of Indiana of the Constitutional
amendment prohibiting Slavery in the United States.

Respy Yrs

Schuyler Colfax

Speaker H. R. U. S.

State of Indiana

Executive Department.

Indianapolis, December 12th 1865.

To His Excellency, Andrew Johnson,

President United States,

Washington City.
Sir,

Being informed that no official information has been re-
ceived by the Government of the ratification by the General

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567

assembly of this State, of the proposed Amendment to the
Constitution of the United States, in relation to Slavery, I
have the honor herewith respectfully to transmit a Copy of
the Joint Resolution of the General assembly of the State
of Indiana approved February i6th 1865, Certified by the
Secretary of State under the Seal of the State.
I have the honor to be

Very Respectfully

Your Obedient Servant,

Conrad Baker
Lieut Governor, acting as

Governor of Indiana,

Joint Resolution N° 16.

A Joint Resolution accepting and ratifying certain amend-
ments to the Constitution of the United States, proposed by
Congress to the Legislatures of the several States.

-Article XIII.

"Section, i. Neither Slavery nor involuntary servitude,
except as a punishment for crime, whereof the party shall
have been duly convicted, shall exist within the United
States, or any place subject to their jurisdiction.

**Sec. 2. Congress shall have power to enforce this arti-

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568

cle by appropriate Legislation;*' approved February i. 1865 ;
therefore,

Be it resolved by the General Assembly of the State of
Indiana, That said proposed Amendments to the Constitu-
tion of the United States are hereby accepted and ratified,
on the part of the State of Indiana,

John W. Pettit
Speaker of the House of Representatives

Conrad Baker
President of the Senate
Approved February 16, 1865,

O. P. Morton

Governor of Indiana

State of Indiana S. S. |
Office Secretary of State )

I, Nelson Trusler Secretary of State for the State of Indi-
ana Certify that I have compared the above and foregoing
with the Enrolled Joint Resolution from which the same was
taken, now on file in the said Office of Secr*y of State, and
find the same to be a full true and comple Copy thereof

In testimony whereof I have hereunto set my hand,
r n and affixed the Seal of the Said State of Indiana, at

[SEAL.J

the City of Indianapolis, this 1 2* day of December

A. D. 1865,

Nelson Trusler

[Five-cent revenue stamp.] Secretary of State

[wrapper.]

Executive.

Dec is**^ 1865.

Case of Baker Conrad Lt Gov. Actg as Gov. Indiana

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569

Encloses the Ratification By the Gen*l Assembly of the

Constitutional Amendment

Respectfully referred to the Hon. the Secretary of State

By order of the President

R. Morrow

Secretary

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STATE OF NEVADA— EXECUTIVE DEPARTMENT.

Carson City Feby i6'** 1865.
His Excellency

Abraham Lincoln, President, &""
Dear Sir, — Enclosed, I Send you a Certified Copy of Res-
olution passed by our Legislature, on the 16'** Inst, rati-
fying the Amendment of the National Constitution, abol-
ishing Slavery.

Truly we live in an age of progress, but this event is an
era in our governmental history, and National experience.

The prayers of the framers of our fundamental law have
entered into the ears of the God of Sabaoth ; He, in dewey
Smiles has poured wisdom and Strength upon our Nation,
and the dogma of Free Government, with human bondage
as an incident thereof, is forever exploded !

**The Lord God, Omnipotent reigneth, let the People re-
joice and be glad "

I have the honor to be

Your Excellency's Most

Obdt and humble Servant,

Henry. G Blasdel
Governor of Nevada.

Senate Joint Resolution N° 13.
Whereas the Congress of the United States has adopted by
a two-thirds vote the subjoined : Be it Resolved, by the Sen-

570

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571

ate and House of Representatives of the United States of
America in Congress Assembled, two thirds of both Houses
concurring, that the following Article be proposed to the
Legislatures of the Several States as an amendment to the
Constitution of the United States, which when ratified by
three-fourths of Said Legislatures, shall be valid to all in-
tents and purposes, as part of the said Constitution, namely:
Article XIII — Section One, Neither Slavery or involuntary
Servitude except as a punishment for crime whereof the
party shall have been duly convicted, shall exist within the
United States, or any place subject to their jurisdiction.
Section Two, Congress shall have power to enforce this
article by appropriate, legislation.

Now therefore. Be it Resolved conjointly, by the Senate
and Assembly of the State of Nevada, that the Legislature
of Nevada, does hereby ratify and confirm the Amendment
to the Constitution of the United States, as proposed to be
made by Article XIII — See's One & two of Constitutional
Amendments.

J. S. Crosman

Prest of the Senate.

L. B. Moore

Sec'y of the Senate.
C. W. TOZER

Speaker of the Assembly.
U. E. Allen

Clerk of the Assembly.

Approved February 16*** 1865

Henry. G. Blasdel

Governor of Nevada.

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572

'^ State of Nevada |

I Department of State )

^ I, C. N Note ware Secretary of State of the State of Ne-
g vada, do hereby certify that the foregoing is a full, true and
IJ correct Copy of the original entitled ** Senate Joint Resolu-
g tion N"* 13/' February 16'** 1865, Now on file in my office.
i Witness my hand and the Great Seal of State

P^. [seal.] hereto Affixed. Done at office in Carson City, on
this 16'*^ day of February A. D. 1865.

C. N. NOTEWARE

Secretary of State.
[indorsement.]

Respectfully referred by the President to the Hon. tlie Secre-
tary of State.

J NO. G. NiCOLAY

Mch 17. 1865. Priv. Sec.

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State of Louisiana,

Executive Department,
New Orleans, February 15**" 1865.

Hon'l William H Seward

Secretary of State Washington
Sir

I have the honor to acknowledge the receipt on yester-
day of your favor of the 2^ ins't, enclosing a copy of the
Joint Resolution of Congress entitled **A Resolution sub-
mitting to the legislatures of the Several States a proposi-
tion to amend the Constitution of the United States*' and
requesting me to submit the same to the Legislature of Lou-
isiana for its decision

I have the satisfaction to inform you, that on the same
day I received it, I sent a message to the Legislature (See
Copy enclosed) which was promptly acted on by the lower
House (the Senate not being in Session) and as you will
perceive from the proceedings herewith transmitted, the pro-
posed amendment to the Constitution of the United States
was ratified by the unanimous Vote of that body.

I have no doubt of the Concurrence of the Senate by an
equally decisive vote and as soon as the ratification is com-
plete, I will transmit you a Certified copy of the action of the
Legislature in the premises.

Availing myself of the occasion to congratulate you on
the favorable prospects of Consummating this great and

573

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574

glorious measure, for the extinguishment of Slavery through-
out our entire Country.

I remain Sir

With high respect

Your obedient Servant

Michael Hahn
Governor of the State of Louisiana
P. S. Since the foregoing was written, the Senate has met
and ratified the amendment by a vote of i8 against i.

I now have the satisfaction to transmit you herewith, a
certified copy of the Joint Resolution of the General Assem-
bly ratifying the Amendment and I need hardly observe Sir,
that it is one of the most pleasant acts of my life. I feel

our fresh

proud of new State and trust that the evidence she has

given of her devotion to the Union and the principles of

universal freedom will serve to convince those who would

destroy her status, that she is deserving of their confidence

and respect —

I again have the honor

to Subscribe Your very

Obedient Servant

Michael Hahn

Governor &c.

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575
The Daily True Delta

OFFICIAL.

MINUTES OF THE HOUSE OF REPRESENTATIVES OF THE STATE
OF LOUISIANA, BEGUN AND HELD IN THE CITY OF NEW
ORLEANS, MONDAY, OCTOBER 3, 1 864.

SECOND SESSION

THIRTY-FIRST DAY.

Friday, Feb. 14, 1865.

The House met at 12 m., pursuant to an adjournment,
Hon. S. Belden, speaker, in the chair.

The roll being called, the following members answered to
their names :

Messrs. Bovee, Bouligny, Baum, Balser, Buckley, Brown,
Bensel, Badger, Bisbee, Burke, Boudreaux, Bernard, Bangs,
Breckenridge, Belden H. C, Brooks, Creigh, Collins, Cham-
berlain, Christie, Duane, Dejean, Dufresne, Danel, Egan,
Evans, Foley, Gannon, Galligar, Griffith, Harnan, Howes,
Haberlin, Henratty, Hawkins, Hawthorne, Ingram, Kava-
nagh, Kleas, Laster, Lester, Laloire, Lewis, McCann, Mc-
Guire, Miller W. D., Miller R. M., Meeks, Maas, Michel,
Mace, Marie, Poynot, Pearson, Prescott, Robinson, Rotge,
Riggs, Spellicy, Schillang, Seymour, St. Martin, Shaw, Smith,
Senette, Tully, Todd, Walsh, Waters, Wolf, Wood, Wood-
ward, Wheeler — 73.

Messrs. Bisbee, Boudreaux, Marie and Hawkins were
excused for their absence on yesterday.

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576

Leave of absence was granted to Messrs. Corley, Ennis
and Nephler ; also, U. D. Terrebonne, sergeant-at-arms.

Absent — Messrs. Bofil, Cook, O'Conner and Van Tromp.

Reported Sick — Messrs. R. L. Belden and Kamper.

The journal of Monday, February 13, 1865, was read and
adopted.

BILLS AT THEIR FIRST READING.

An act entitled ** An act for the relief of P. Yeiser."

Mr. Egan moved to reject the bill.

Carried by the following vote :

Yeas — Messrs. Bouligny, Balser, Bisbee, Burke, Bang's,
Breckenridge, Brooks, Collins, Duane, Dufresne, Danel,
Egan, Evans, Foley, Galligar, Harnan, Henratty, Hawthorne,
Ingram, Laster, Lewis, McCann, McGuire, Miller W. D.,
Miller R. M., Meeks, Mace, Marie, Prescott, Rotge, TuUy,
Walsh. Wolf, Wood, Woodward — 35.

Nays — Messrs. Bovee, Buckley, Brown, Bensel, Badger,
Boudreaux, Bernard, Belden H. C, Creigh, Chamberlain,
Christie, Griffith, Howes, Haberlin, Hawkins, Kavanagh,
Kleas, Lester, Laloire, Maas, Michel, Poynot, Robinson,
Riggs, Spellicy, Schillang, St. Martin, Shaw, Smith, Senette,
Todd, Waters, Wheeler — 33.

Hon. F. G. Chamberlain presiding.

A message was received from his excellency, the gover-
nor, through his private secretary, Mr. N. C. Snethen, sub-
mitting the following communication :

State of Louisiana, Executive Dep't, "j
New Orleans, Feb. 14. 1865. )
To the Senate and House of Representatives of the State of

Louisiana :

I have this day received, from the secretary of state of the

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577

United States, the following communication and certified
copy of an amendment proposed by Congress for ratification
by the Legislatures of the several States :

United States of America/

Department of State,
Washington, Feb. 2, 1865.
To his excellency, the governor of the State of Louisiana, New
Orleans, La, :

Sir — ^I transmit an attested copy of a joint resolution of
Congress, approved on the ist inst, proposing to the Legis-
latures of the several States a thirteenth article to the con-
stitution of the United States. Your excellency is requested
to cause the decision of the Legislature of Louisiana to be
taken upon the subject. An acknowledgment of the receipt
of this communication is requested by your excellency's most

obedient servant,

F. W. Seward,

Acting Secretary.

ICA,|

2- )

United States of America,
Department of State.
To all to whom these presents shall come, greeting:

I certify that annexed is a true copy of a joint resolution
of Congress, entitled ** A resolution submitting to the Legisla-
tures of the several States a proposition to amend the Con-
stitution of the United States,*' the original of which is on
file in this Department.

In testimony whereof, I, William H. Seward, secretary of

state of the United States, have hereunto subscribed my

name, and caused the seal of the department of state to be

affixed.

4 A? 17.

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5/8

Done at the city of Washington, 2d day of Februax\%
A. D. 1 865, and of the Independence of the United States of
America the 89th.

(Signed; William H. Seward.

A resolution submitting to the legislatures of the several
States a proposition to amend the Constitution of the
United States :

Resolved, by the Senate and House of Representatives of the
United States of America, in Congress assembled, two thif^ds
of both Houses concurring. That the following article be pro-
posed to the legislatures of the several States as an amend-
ment to the constiiution of the United States, which, when
ratified by three-fourths of said legislatures, shall be valid, to
all intents and purposes, as a part of the said Constitution,
namely :

ARTICLE XIII.

Section i. Neither slavery, nor involuntarj' servitude,
except as a punishment for crime, whereof the party shall
have been duly convicted, shall exist within the United
States, or any place subject to their jurisdiction.

Sec. 2. Congress shall have power to enforce this article
by appropriate legislation.

Approved February i, 1865.

I gladly and most earnestly recommend to the General
Assembly the immediate ratification of the proposed amend-
ment to the constitution of the United States, so that the
State of Louisiana may share the immortal honor of having
performed her part in abolishing slavery throughout our
common country.

(Signed) Michael Hahn.

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579

Mr. Foley moved to suspend the rules in order to take
up a joint resolution.

Rules suspended by the following vote :

Yeas — Messrs. Belden, speaker, Bovee, Bouligny, Baum,
Balser, Buckley, Brown, Bensel, Bisbee, Burke, Boudreaux,
Bernard, Bangs, Breckenridge, Belden H. C, Brooks,
Creigh, Collins, Chamberlain, Christie, Duane, Dufresne,
Danel, Egan, Evans, Foley, Gannon, Galligar, Griffith, Har-
nan, Haberlin, Henratty, Hawkins, Hawthorne, Kavanagh,
Kleas, Lester, Laloire, Lewis, McCann, McGuire, Miller W.
D., Miller, R. M., Meeks, Maas, Michel, Mace, Marie, Poynot,
Pearson, Prescott, Robinson, Rotge, Riggs, Spellicy, Schil-
lang, Seymour, St. Martin, Shaw, Senette, Tully, Todd,
Walsh, Wolf, Wood, Woodward, Wheeler — 67.

Whereupon, Mr. Baum offered the following resolu-
tion:

Joint resolution ratifying a proposed mendment to the Con-
stitution of the United States.

Whereas, The Congress of the United States has adopted
the following resolution, with a proposed amendment to the
Constitution of the United States, to be submitted to the leg-
islatures of the several States, as follows :
A resolution submitting to the legislatures of the several

States a proposition to amend the Constitution of the

United States.

Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled (two-thirds
of both Houses concurring) —

That the following article be proposed to the legislatures
of the several States, as an amendment to the Constitu-
tion of the United States, which, when ratified by three-

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58o

fourths of said legislatures, shall be valid, to all intents and
purposes, as a part of said Constitution, viz :

ARTICLE XIII.

Sec. I. Neither slavery nor involuntary servitude, except
as a punishment for crime, whereof the party shall have been
duly convicted, shall exist within the United States, or any
place subject to their jurisdiction.

Sec. 2. Congress shall have power to enforce this article
by appropriate legislation.

Approved February i, 1865.

Resolved, by the Senate and House of Representatines of the
State of Louisiana in General Assembly convened. That the
said constitutional amendment, in manner and form as pro-
posed and submitted by the Congress of the United States,
be and the same is, on the part of the State of Louisiana,
hereby ratified and accepted.

First reading and adopted.

Mr. Simeon Belden moved to suspend the rules in or-
der to put the joint resolution on its second and third
reading.

Rules suspended and resolution read a second time and
adopted.

Mr. Foley moved that the joint resolution be engrossed.
Carried.

Rules suspended, joint resolution put on its third and
final reading and passed unanimously by the following vote:

Messrs. Belden, S., speaker, Bovee, Bouigny, Bofil,
Baum, Balser, Buckley, Brown, Bensel, Badger, Bisbee,
Burke, Boudreaux, Bernard, Bangs, Breckenridge, Belden.
H. C, Brooks, Cook, Creigh, Collins, Chamberlain, Christie,

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58 1

Corley, Duane, Dufresne, Danel, Egan, Evans, Foley, Gan-
non, Galligar, Griffith, Harnan, Howes, Haberlin, Henratty,
Hawkins. Hawthorne, Ingram, Kavanagh, Kleas, Laster.
Lester, Laloire, Lewis, McCann, McGuire, Miller, W. D.,
Miller, R. M., Meeks, Maas, Michel, Mace, Marie, O'Conner,
Poynot, Pearson, Prescott, Robinson, Rotge, Riggs, Spellicy,
Schillang, Seymour, St. Martin, Shaw, Smith, Senette, Tully,
Todd, Van Tromp, Walsh, Waters, Wolf, Wood, Woodward,
Wheeler— 78.

Mr. H. C. Belden offered the following vote of thanks :

Be it resolved. That there be a vote of thanks extended
to his excellency, the governor of the State of Louisiana.
Michael Hahn, for his zeal and expediency in transmitting to
the General Assembly of Louisiana, for ratification, the article
of the United States Constitution, as amended, forever abol-
ishing slavery throughout the United States, except for the
punishment of crime, whereof the party shall have been duly
convicted.

Resolution adopted.

Mr. Hawkins moved to adjourn. Lost, by the following
vote :

Yeas — Messrs. Buckley, Brown, Belden, H. C, Duane,
Danel, Gannon, Griffith, Hawkins, Hawthorne, Kavanagh,
Kleas, McGuire, Maas, Spellicy, Shaw, Todd, Wheeler — 17.

Nays — Messrs. Bovee, Bouligny, Baum, Balser, Bensel,
Burke, Boudreaux, Bangs, Breckenridge, Brooks, Creigh,
Collins, Christie, Corley, Dufresne, Evans, Foley, Harnan,
Haberlin, Ingram, Lester, Laloire, Lewis, McCann, Miller R.
M., Michel, Mace, Marie, Poynot, Pearson, Prescott, Robin-
son, Rotge, Riggs, Schillang, St. Martin, Senette, Tully,
Walsh, Waters. Wolf, Wood, Woodward — 43.

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582

UNFINISHED BUSINESS.

**An act to organize free public schools throughout the
State, was taken up. Sections 9 to 31, inclusive, ^vere
adopted without any amendments.

Several amendments being offered to section 32, there

being no quorum, the House adjourned until Wednesday,

February 15, 1865, at 12, m.

Approved.

L. C. Westerfield,

Clerk.

State of Louisiana,
Office of Secretary of State,
New-Orleans, February 17'** 1865.
I certify, that the annexed is a true copy of a Joint Reso-
lution of the General Assembly of the State of Louisiana
Entitled ** Joint Resolution ratifying a proposed amendment
to the Constitution of the United States** the Original of
which is on file in this Office.

In testimony whereof I, Stanislaus Wrotnowski Secretary

of the State of Louisiana have hereunto subscribed my

name, and caused the seal of the State to be

r_ ^ n affixed at the City of New Orleans this seventeenth

LSEAL.J ^

day of February A. D. 1865 and the Independence
of the United States the eighty ninth

S. Wrotnowski

Secretary of State

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583

Joint Resolution ratifying a
proposed amendment to the
Constitution of the United
States.

Originated in the House of Representatives

L. C. Westerfield

Clerk.

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584
Joint Resolution
Ratifying a proposed amendment to the Constitution of
the United States

Whereas The Congress of the United States has adopted
the following Resolution with a proposed amendment to the
Constitution of the United States to be submitted to the
Legislatures of the several States as follows :

A Resolution
Submitting to the Legislatures of the several States a propo-
sition to amend the Constitution of the United States

Resolved by the Senate and House of Representatives of
the United States of America in Congress assembled (two-
third of both Houses concurring

That the following article be proposed to the Legisla-
tures of the several States as amendment to the Constitu-
tion of the United States which when notified by three
fourths of said Legislatures, shall be valid, to all intents
and purposes as a part of the said Constitution, namely

Article XIII
Section i"^* Neither slavery nor involuntary servitude,
except as a punishment for crime, whereof the party shall
have been duly convicted, shall exist within the United
States, or any place subject to their jurisdiction

Section 2^ Congress shall have power to enforce this
article by appropriate legislation

Approved February i** 1865

Resolved by the Senate and House of Representatives of
the State of Louisiana in General Assembly convened :

That the Said Constitutional amendment in manner and

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585
Resolution Conjointe
Ratifiant ramendement propose a la Constitution des
Etats-Unis.

Attendu que le congr^s des Etats-Unis a adopts la
resolution suivante avec une proposition pour amender
la Constitution des Etats Unis devant etre soumise aux
Legislatures des differents Etats

Resolution

Soumettant aux Legislatures des different Etats une pro-
position pour amender la Constitution des Etats Unis

II est resolu par le Senat et la Chambre des Represent-
ants des Etats-Unis d'Amerique assembles en Congres
(les deux tiers de chaque Chambre concourant)

Que Tarticle suivant soit soumis aux Legislatures des
differents Etats. comme amendement a la Constitution des
Etats Unis, et lorsque le dit article sera ratifie par les trois
quarts des dites Legislatures, il sera valide et fera partie
de la dite Constitution

Article XIIL

Section i** — L'esclavage ou la servitude involontaire,
excepte comme punition pour crime et seulement lorsque la
personne accusee sera dQment trouvee coupable, n'existera
dans les Etats Unis ou dans les endroits sous leur jurisdic-
tion.

Section 2**", Le Congr&s aura le droit de mettre en vig-
ueur cet article par les lois qu'il jugera necessaires

Approuve le i*^ Fevrier 1865.

II est resolu par le Senat et la Chambre des Represent-
ants de TEtat de la Louisiane r^unis en Assemblee G^nerale
que Tamendement constitutionel propose et soumis par le

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586

form as proposed and submitted by the Congress of the
United States, be, and the same is on the part of the
State of Louisiana, hereby ratified and accepted

Simeon Belden

Speaker of the
J Madison Wells

Lieutenant Governor
Approved, February 17, 1865.

Governor of the

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587

Congres des Etats Unis est et demeure ratifi6 et accept^ par
TEtat de la Louisiane.

House of Representatives

and President of the Senate

Michael Hahn.
State of Louisiana

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State of Wisconsin

EXECUTIVE DEPARTMENT

Madison March 2d 1865.
Hon Wm. H. Seward

Secretary of State of the U. S.

Washington, D. C.
Sir: •

I have the honor to hand you the enclosed certified copy
of the Joint Resolution of the Legislature of Wisconsin, rati-
fying the proposed amendment to the Constitution of the
United States, to be known as *' Article XIII,'' — approved
March ist 1865.

I am, Sir.

Very Respectfully

Your Obt. Servant,

James T Lewis
Governor of Wisconsin.

Joint Resolution.
Ratifying proposed amendment to the Constitution of the
United States.

Whereas, The Congress of the United States has, pursu-
ant to article five (5) of the Constitution proposed to the
Legislatures of the several States the following Article as an
amendment to the Constitution of the United States, namely ;

Article Thirteen.

Section i. Neither slavery nor involuntary servitude, ex-

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cept as a punishment for crime, whereof the party shall have
been duly convicted, shall exist within the United States, or
in any place subject to their jurisdiction.

Section 2. Congress shall have power to enforce this
article by appropriate legislation.

Therefore Resolved, by the Senate and Assembly of the
State of Wisconsin in Legislature assembled. That the said
Article as such proposed amendment, to the Constitution of
the United States, be and the same is hereby ratified.

. W^ W. Field
Speaker of the Assembly
W. H. Chandler
President of the Senate Pro Tem.
Approved March i*^ 1865

James T. Lewis

Gov Wis.

[indorsement.]

Jt. Res. No. 17. S.

State of Wisconsin.
Joint Resolution ratifying proposed amendment to the Con-
stitution of the United States.
State of Wisconsin ss.

This Joint resolution originated in the Senate.

Frank M. Stewart

Chief Clerk.

f ss.

state of WISCONSIN,

Secretary's office,

The Secretary of State of the State of Wisconsin hereby

certifies, that the foregoing has been compared with the

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590

Original Enrolled Joint Resolution deposited in this office,

and that the same is a true and correct copy thereof, and of

the whole of such original.

In Witness Whereof, I have hereunto set my hand

and affixed the Great Seal of the State, at the

Capitol in Madison, this First day of March A. D.

1865.

Lucius Fairchild

Secretary of State.

[seal.]

State of Wisconsin

EXECUTIVE DEPARTMENT

Madison March 2d 1865.

His Excellency Abraham Lincoln.

President of the United States

Washington, D. C.
Sir:

I have the honor to hand you the enclosed certified copy
of the Joint Resolution of the Legislature of Wisconsin, rati-
fying the proposed amendment, to the Constitution of the
United States, to be known as ** Article XIII,'' — approved
March 1st 1865.

I am. Sir, Very Respectfully

Your Obt. Servant

James T Lewis
Governor of Wisconsin.

Joint Resolution.
Ratifying proposed amendment to the Constitution of
the United States.

Whereas, The Congress of the United States has, pursu-

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591

ant to article five (5) of the Constitution proposed to the
Legislatures of the several States the following Article as an
amendment to the Constitution of the United States, namely :

Article Thirteen.
Section i. Neither slavery nor involuntary servitude, ex-
cept as a punishment for crime, whereof the party shall have
been duly convicted, shall exist within the United States, or
in any place subject to their jurisdiction.

Section 2. Congress shall have power to enforce this Ar-
ticle by appropriate legislation.

Therefore Resolved by the Senate and Assembly of the
State of Wisconsin in Legislature assembled. That the said
Article as such proposed Amendment to the Constitution of
the United States, be and the same is hereby ratified.

W^ W. Field
Speaker of the Assembly
W. H. Chandler
President of the Senate Pro Tem.
Approved March i*' 1865

James T. Lewis

Gov Wis.

[indorsement.]

Jt. Res No. 17. S.

State of Wisconsin.

Joint Resolution ratifying proposed amendment to the Con-
stitution of the United States.
State of Wisconsin ss.

This Joint resolution originated in the Senate.

Frank M. Stewart

Chief Clerk

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592

STATE OF WISCONSIN, ")

Secretary's Office )

ss.

[seal.]

The Secretary of State of the State of Wisconsin hereby

certifies, that the foregoing has been compared with the

Original Enrolled Joint Resolution deposited in this office,

and that the same is a true and correct copy thereof, and of

the whole of such original.

In Witness Whereof, I have hereunto set my hand

and affixed the Great Seal of the State, at the

Capitol in Madison, this First day of March A.

D. 1865.

Lucius Faikchild

Secretary of State.
[indorsement.]

Respectfully referred by the President to the Hon, the Sec-
retary of State.

Jno. G. Nicolay

March 7. 1865. Priv. Sec.

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Office of Secretary of State,

City of Jefferson, Missouri.
I, FRANCIS RODMAN, Secretary of the State of Mis-
souri, hereby certify, that the annexed pages contain a true,
complete and full copy of Joint Resolution of the Gen-
eral assembly of the State of Missouri, [** entitled*' stricken
out] Ratifying proposed Amendment to the Constitution of
the United States prohibiting Slavery in the Several States
and Territories. Approved Feby lo.. 1865 as appears by
comparing the same with the original roll of said Joint Res-
olution now on file, as the law directs, in this office.

In Testimony Whereof, I have hereunto set my
hand and affixed my official seal : Done at office,
'-' *-' this Eleventh day of February A. D. Eighteen
Hundred and sixty Five

Francis Rodman

Secretary of State.

Resolved by the General Assembly of the State of Mis-
souri as follows:

That the amendment proposed by Congress to the
Constitution of the United States and submitted to
the Legislatures of the several States for their ratifica-
tion or rejection in words following, to wit:
-Article XIII
Sec. I. Neither ** Slavery nor involuntary servitude except

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594

as a punishment for crime, whereof the party shall have
been duly convicted, shall exist within The United States
or any place subject to their jurisdiction
Sec 2. Congress shall have power to enforce this article by
appropriate Legislation''; be and the same is hereby
ratified as an amendment to and part of the Constitu-
tion of the United States.
Approved, February lo* 1865.

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State of Tennessee,

EXECUTIVE DEPARTMENT.

Nashville, May 6 1865.
Hon. W. H. Seward

Secretary of State

Washington D. C.
Sir.

I have the honor to transmit to your department the joint
Resolution of the General Assembly of the State of Tennes-
see ratifying the proposed Amendment of the Constitution

of the United States

Very Respectfully

A. J. Fletcher

Secretary of State

for the State of Tennessee

Joint Resolution No. 8.
Resolved by the General Assembly of the State of Tennes-
see : That the amendment of the Constitution of the United
States proposed by the Congress of the United States on
the i" day of Feb. 1865 in the words and figures following

to wit.

-Article XIII

Section i. Neither slavery nor involuntary Servitude except
as a punishment for crime wheredf the party shall have been
duly convicted shall exist within the United States, or any
place subject to their jurisdiction

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596

** Section 2. Congress shall have power to enforce this Arti-
cle by appropriate Legislation.

Approved Feb. i'^ 1865

A. Lincoln''

Be and the same is hereby ratified as a part of the Constitu-
tion of the United States of America

Passed in the Senate April 5^** 1865 and concurred in by
the House of Representatives April 7^** 1865

William Heiskell
Speaker of the House of Representatives
Samuel R'. Rodgers
Speaker of the Senate

I Andrew J. Fletcher Secretary of State for the State of

the

Tennessee, do hereby certify that^above is a copy of joint
resolution No 8 passed by the General Assembly of the State
of Tennessee on the 7^^ day of April A. D. 1865.

In testimony whereof I have hereunto set my official
Signature, and by order of the Governor affixed the
[seal.] Great Seal of the State of Tennessee at the De-
partment in Nashville the i*' day of May A. D.

1865.

A. J. Fletcher

Secretary of State

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STATE OF VERMONT.

EXECUTIVE CHAMBER,

Montpelier, Nov 30 1865.
Hon W. H. Seward

Seer, of State. U States.
Dear Sir

I have the honor herewith to transmit to your Depart-
ment, a certified copy of the law of Vermont, adopting the
Amendment to the Constitution of the United States, passed
at the extra Session of the legislature of this state held in
March 1865.

With much Respect,

Your oben' Servant

Paul Dillingham

Governor of Vermont

An act declaring the assent of this State to a certain
article of Amendment to the Constitution of the United
States.

It is hereby enacted by the General Assembly of the
State of Vermont :
Section i. That the amendment to the Constitution of the
United States, providing that neither slavery nor invol-
untary servitude, except as a punishment for crime
whereof the party shall have been duly convicted, shall
exist within the United States, or any place subject to

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598

their jurisdiction, proposed by the thirty-eighth Congress
of the United States, at the second session of that body,
begun and holden at the City of Washington, in the Dis-
trict of Columbia, on the first Monday of December,
one thousand eight tiundred and sixty four, and ap-
proved February first, one thousand eight hundred and
sixty five, in the words following, viz :

*' Resolved by the Senate and House- of Representa-
*'tives of the United States of America in Congress as-
*'sembled, (two-thirds of both houses concurring,) That
'*the following article be proposed to the Legislatures of
"the several States as an amendment to the Constitu-
**tion of the United States, which, when ratified by
'* three-fourths of said Legislatures, shall be valid to all
*' intents and purposes as a part of the said Constitution,

*' namely :

^^ Article XIIi;*

'* Section I. Neither slavery nor involuntary servitude,
*' except as a punishment for crime, whereof the party
'* shall have been duly convicted, shall exist within the
'* United States, or any place subject to their jurisdic-
*^tion.

** Section II. Congress shall have power to enforce this
''article by appropriate legislation/*
Be, and the same is hereby ratified.
Section 2. This Act shall take effect from its passage.
Approved, March 9*** 1865.

State of Vermont,

Secretary of State's Office.
I hereby certify that the foregoing Act is a true Copy of an
Act, passed by the General Assembly of this State, at the

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599

special session, holden March A. D. 1865, and approved on
the ninth day of said month, as appears by the files and
records of this office.

In witness whereof, I hereunto set my hand and
[seal.] affix the Seal of this office, at Montpelier, this
twenty-Eighth day of November A. D. 1865.

George Nichols,
Secretary of State.

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Office of Sec*y of State Arkansas.

Little Rock Ark. May i, 1865,
Hon W" H. Seward.

Sec'y of State. Washington D. C.
Sir.

I transmit herewith a certified copy of the Joint Resolution

of the General Assembly of the State of Arkansas, ratifying-

the proposed amendment to the Constitution of the United

States, abolishing slavery and involuntary servitude, except

as a punishment for crime, whereof the party shall have been

duly Convicted.

The action of the Legislature was unanimous, and the

attendance large under the peculiar circumstances of our

present condition — There were 54 votes cast in the House

of Representatives and Seventeen in the Senate.

With the most Earnest wishes for your restoration to

complete health, in which all of the officers of the State

organization join.

I remain Very Respectfully

Your Ob^t. Sv t.

Albert W. Bishop.

Dep. Sec'y of State.

Office of Secretary of State Arkansas

Litrie Rock Arks. April 29. 1865

I certify that annexed is a true copy of a Joint Resolution of

the General Assembly of the State of Arkansas approved

April the 20th A. D. 1865, the original of which is on file in

this Office.

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In testimony whereof I have hereun- subscribed
[seal.] my name and affixed the seal of the state this 29th
day of April A. D. 1865.

Robert D. White — Secretary of State

Arkansas

Joint Resolution of the General Assembly of the State

of Arkansas, ratifying the proposed Amendment to the

Federal Constitution, abolishing Slavery in all Cases

within their jurisdiction.

Whereas, the Congress of the United States has submitted

to the several States for their Action thereon by an Act

approved February the First One thousand eight hundred

and sixty five, the following Article Thirteenth [13] as an

the

Amendment to, Constitution of the United States, namely:
^'Article i3*\ Section i**': Neither Slavery nor invol-
**untary Servitude, except as a punishment for Crime
** whereof the party shall have been duly convicted, shall
** exist within the United States or any place subject to
'* their jurisdiction.'*

** Section 2"**. Congress shall have power to enforce
**this Article by appropriate legislation.**
Therefore. Be it Resolved, by the General Assembly of the

recited

State of Arkansas, that the foregoing^ Article Thirteen [13]
be and the same is hereby approved and ratified, as a part
of the Constitution of the United States.
(Signed) C. C. Bliss

L* Governor & President of Senate
(Signed) W. J. Patton

Speaker of House
Approved this 20'^ April 1865.

(Signed) Isaac Murphy. Gov: Ark:

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Office of Secretary of State,

Hartford, Conn. May 8* 1865.
Hon. William H. Seward

Secretary of State
Sir:

I have the honor to transmit herewith a certified copy of

a Resolution of the General Assembly of this State ratifying

the proposed Amendment of the Constitution of the United

States.

I am, very respectfully.

Your obed' Serv',

J Hammond Trumbull

Secretary of State

of Connecticut

At a General Assembly of the State of Connecticut, holden
at Hartford, in said State, on the first Wednesday of
May, in the year of our Lord, one thousand eight hun-
dred and sixty-five.

Whereas, the Congress of the United States has proposed
to the Legislatures of the several States, as An Amend-
ment to the Constitution of the United States an Article
designated as Article XIII. in the words following, to
wit: —
** Section, i. Neither slavery nor involuntary servitude

except as a punishment for crime whereof the party shall

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6o3

have been duly convicted, shall exist within the United States
or any place subject to their jurisdiction.

Section. 2. Congress shall have power to enforce this
Article by appropriate legislation.*' — therefore, —

Resolved by this Assembly, That the said Article be ap-
proved, adopted and ratified as a part of the Constitution of
the United States.
House of Representatives, May 4th, 1865.

Passed, John R. Buck, Clerk.
Senate, May 4th, 1865.

Passed, William T. Elmer. Clerk.

Approved May 5th. 1865.

State of Connecticut, ss. 1

Office of Secretary of State.
I hereby certify that the foregoing is a true copy of record
in this office.

In Testimony whereof, I have hereunto set my
[seal.] hand, and affixed the Seal of said State at Hart-
ford, this fifth day of May A. D. 1865.

J Hammond Tkumbull

Secretary of State.

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Resolved by the Senate and House of Representatives in
General Court convened ;

That the following additional article submitted by a joint
resolution^ of the Congress of the United States, approved
February i, 1865, for the ratification of the Legislatures of
the several States, namely,

-Article XIIi;*
** Section i. Neither slavery or involuntary servitude, except
as a punishment for crime, whereof the party shall have
been duly convicted, shall exist within the United States, or
any place subject to their jurisdiction,

** Section 2. Congress shall have power to enforce this article
by appropriate legislation/'

be, and the same hereby is, ratified and adopted by the Leg-
islature of the State of New Hampshire as an amendment to
and a part of the Constitution of the United States.

Office of Secretary of State,

Concord N. H. Nov. 22. 1865

I hereby certify that the foregoing is a true copy of a Joint

Resolution of the New Hampshire Legislature, approved

July I. 1865

In testimony whereof I have hereunto set my hand

[seal.] and affixed the seal of said State, the date above

written

Walter Harriman

Secretary of State

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Hon W. H. Seward

Sec^ of State

Greenville S^ C

Nov 17* 1865

Dear Sir

I have the honor of enclosing to you the adoption of the
Congressional Amendment of the Federal Constitution abol-
ishing slavery, by the Legislature of South Carolina

I am with great respect &c

B F Perry

Whereas the Congress of the United States, by joint
resolution approved on the first day of February Anno Dom-
ini 1865, proposed an amendment of the Constitution of the
United States for the ratification of the Legislatures of the
several States, which amendment is in the following words to
wit
Article XIII.

Neither Slavery nor involuntary servitude, except as a
punishment for crime, whereof the party shall have been duly
convicted, shall exist, within the limits of the United States,
or any place subject to their jurisdiction.
Section 2^

Congress shall have power to enforce this article by
appropriate legislation.

I. Resolved, therefore by the Senate and House of Repre-
sentatives of the General Assembly of the State of South

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Carolina, in General Assembly met, and by authority of the
same, that the aforesaid proposed amendment of the Consti-
tution of the United States be and the same is hereby ac-
cepted, and adopted and ratified by this State

2. Resolved.

That a certified copy of the foregoing preamble and reso-
lution be forwarded by His Excellency the Provisional Gov-
ernor, to the President of the United States, and also to the
Secretary of State of the United States

3. Resolved.

That any attempt by Congress towards legislating upon
the political status of former slaves, or their civil relations,
would be contrar)' to the Constitution of the United States,
as it now is, or as it would be altered by the proposed amend-
ment— in conflict with the policy of the President declared
in his amnesty proclamation, and with the restoration of that
harmony upon which depends the vital interests of the Ameri-
can Union

In the Senate

Columbia S. C.

November 13 1865

I hereby certify that the foregoing is a correct copy of

resolutions this day passed by both houses of the General

Assembly.

Wm. E. Martin

Clerk of the Senate.

The words ''limits ^the" are erroneously inserted in the
^ line of the Article XIII — as copied in the above.

Wm. E Martin

Clerk of Senate.

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Resolutions
Adopting the Constitutional Amendment abolishing Slavery
within the United States.

Whereas the Congress of the United States by joint
resolution, approved on the first day of February in the
year of our Lord one thousand eight hundred and sixty
five, proposed an amendment to the Constitution of the
United States, for the ratification of the Legislatures of
the several States, which amendment is in the following
words, to wit :

*' Article thirteenth, section first. Neither slavavery
**nor involuntary servitude, except as a punishment for
** crime, whereof the party shall have been duly con-
**victed, shall exist within the United States or any place
**subject to their jurisdiction."

** Section 2. Congress shall have power to enforce
''this article by appropriate legislation."
"Approved February 2. 1865."
Resolved, therefore, by the Senate and House of Commons
of the General Assembly of the State of North Carolina,
that the aforesaid proposed amendment of the Constitution
of the United States be and the same is hereby accepted and
ratified by this State.

Resolved. That a certified copy of the foregoing preamble
and resolution be forwarded by his Excellency the Provisional

Governor to His Excellency the President of the United

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States, and also to the Secretary of State of the United

States.

In General Assembly, Read three '

times: and ratified this 4* day of

December 1865.

S. F. Phillips S. H. C.

Thomas Settle S. S.

I R. W. Best Secretary of State in and for the State of North

Carolina, do hereby certify that the foregoing is a true Copy

of the original resolutions on file in this office.

Given under my hand the 5^** day of December A. D.

1865.

R. W. Best

Sec of State,

Executive Department of North Carolina

Raleigh N. C. December 6^*^ 1865
It is hereby certified that R. W. Best whose genuine signa-
ture appears to the foregoing certificate, is Secretary of State
for the State of North Carolina

Given under my hand and the great Seal of the
State this 6**" day of December A. D. one thousand
L' '-I Eight hundred and Sixty five and of the Independ-
ence of the United States the 90^** year.

W. W. HoLDEN, Prov. Gov'
By the Governor.

W. R. Richardson

Private Secretary

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Joint Resolutions of the General Assembly of the State of
Alabama ratifying an amendment to the Constitution of the
United States: Whereas the Congress of the United States
on the I'' day of February 1865 adopted a Joint Resolution
submitting to the several States a proposition to amend the
Constitution of the United States as follows: Resolved by
the Senate and House of Representatives of the United
States of America, in Congress assembled, (two thirds of
each House concurring,) that the following Article be pro-
posed to the Legislatures of the several States, as an
amendment to the constitution of the United States, which,
when ratified by three fourths of said Legislatures shall
be valid to all intents and purposes: Article XIII. Sec i**'
Neither slavery nor involuntary servitude except as a pun-
ishment for crime whereof the party shall have been duly
convicted, shall exist within the United States or any place
subject to their jurisdiction. Sec 2. Congress shall have
power to enforce this article by appropriate legislation ; and
the said foregoing proposed amendment, having been laid
before this General Assembly, by the Provisional Governor
of this State, for consideration and action : Now, therefore
resolved by the Senate and House of Representatives of the
State of Alabama in General Assembly Convened: i*' That
the foregoing amendment to the Constitution of the United
States, be and the same is hereby ratified to all intents and
purposes as part of the Constitution of the United States.

4 AP 19.

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2^ Be It further Resolved, That this amendment to the con-
stitution of the United States, is adopted by the Legislature
of Alabama with the understanding that it does not confer
upon Congress the power to Legislate upon the political
status of Freedmen in this State. 3** Resolved by the
authority aforesaid that the Governor of the State, and
he is hereby requested to forward to the President of the
United States, an authenticated copy of the foregoing pre-
amble and Resolutions

Tho B Cooper,

Speaker of the House of Representatives

Walter H Crenshaw

President of Senate
Approved Dec' 2^ 1865.

Lewis E Parsons

Prov^ Gov of Ala.

Secretary of States Office

Montgomery Alabama

December 9th 1 865

I, Albert Elmore, Secretary of State of the State of Alabama,

hereby certify that the above is a true, & correct copy of

the ** Joint Resolutions of the General Assembly of the State

of Alabama, ratifying an amendment to the constitution of

the United States," as taken from the original Roll filed in

this Office.

Given under my hand, & the Great Seal of the

State affixed this the 9th day of Deer A. D. 1865,

and of the Independence of the United States the

ninetieth year

Albert Elmore

Secty of State

[seal.]

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6ii

[indorsement.]

Copy

Joint Resolutions of the General Assembly of the State of
Alabama ratifying an amendment of the Constitution of the
United States

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EXECUTIVE OFFICE.

Provisional Government of Georgia.

Milledgeville, December 19*** 1865.

His Excellency, Andrew Johnson :

President of the United States

Washington, D. C.
Sir:

I am directed by His Excellency the Provisional Gover-
nor, (too much indisposed to be in Office,) to forward you a
certified copy of the joint Resolution of the State Legisla-
ture, ratifying the Constitutional amendment abolishing
slavery. Pursuant to the direction of the Resolution, a

one to

similar copy was sent to your Excellency, and^the Secre-
tary of State of the United States, immediately on its
adoption, the delay in the transmission of which, or their
miscarriage, is regretted by the Governor

I have the honor to be. Most Respectfully, Your Obt. Svt.

L. H. Briscoe. Secretary

Whereas, the Congress of the United States has, under
the 5*** Article of the Constitution of the United States, pro-
posed an amendment to said Constitution, in the words
following to wit;

•* Neither Slavery nor involuntary Servitude, except as a

punishment for crime, whereof the party shall have been

duly convicted, shall exist within the United States, or any

place subject to their jurisdiction"

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** Section 2** Congress shall have power to enforce this
Article by appropriate legislation*'

Which amendment was approved on the ist of February
1865:

Therefore, Be it resolved by the Senate and House of
Representatives of the State of Georgia, in General As-
sembly met, that the said amendment to the Constitution
of the United States, be, and the same is hereby ratified and
adopted.

Resolved, That a certified copy of the foregoing pre-
amble and resolutions be forwarded by His Excellency the
[** Governor** stricken out] Provisional Governor to the
President of the United States, and also to the Secretary of

State of the United States.

Wm. Gibson

President of the Senate.

Jno B. Weems.

Secretary of Senate

Thos Hardeman Jnr

Speaker of House of Reps.

J. D. Waddell:

Clk of House of Reps :

Assented to December 9th. 1865

J. Johnson

Pro. Gov. of Ga.

Secretary of State* s Office, Georgia

Milledgeville, December 20th 1865
The above and foregoing two pages contain a true and cor-
rect copy of the original Resolutions now of file in this

Office.

Given under my hand and Seal of Office.

[seal.] N. C. Barnett

Secretary of State

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Whereas the Congress of the United States has, under
the 5*** Article of the Constitution of the United States pro-
posed an Amendment to said Constitution in the words fol-
lowing, to wit:

Neither slavery, nor involuntary servitude, except as a
punishment for crime, whereof the party shall have been
duly convicted, shall exist within the United States, or any
place subject to their jurisdiction

Section 2^ Congress shall have power to enforce this article,
by appropriate legislation, which amendment was approved
on the i" of February 1865. Therefore be it resolved by
the Senate and House of Representatives of the State of
Georgia, in General Assembly met, that the said Amendment
to the Constitution of the United States, be, and the same is
hereby ratified and adopted.

Resolved, That a certified copy of the foregoing pream-
ble and Resolutions, be forwarded by His Excellency the
Provisional Governor, to the President of the United States,
and also to the Secretary of State of the United States.

William Gibson

President of Senate
John B Weems

Secretary of Senate

Thomas Hardeman Jr
Speaker of House of Representatives
J D Waddell

Clk House of Reps.

Approved December 9'** 1865

(Signed) J. Johnson.

Provisional Gov of Geo

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615

Secretary of State's Office, Georgia.

Milledgeville December S^ 1865.
The within and foregoing page contains a true & correct
copy of the original now of file in this Office.
Given under my hand and Seal of Office.
[seal.] N. C. Barnett

Secretary of State

EXECUTIVE OFFICE.

Provisional Government of Georgia.

Milledgeville, December 19*** 1865.

Hon: Wm. H. Seward

Secretary of State, U. S :

Washington. D. C:
Sir:

I am directed by His Excellency the Provisional Gov-
ernor, to forward you a certified Copy of the joint Resolution
of the State Legislature, ratifying the Constitutional amend-
ment abolishing slavery. A similar copy was forwarded on
the 10*** inst, the miscarriage or delay in transmission of
which, he regrets.

I have the honor to be,

Most Respectfully Your Obt. Svt.

L. H. Briscoe

Secretary :

Whereas, the Congress of the United States has, under the
5'** Article of the Constitution of the United States, proposed
an amendment to said Constitution in the words following,
to wit:

*' Neither slavery nor involuntary servitude, except as a
punishment for crime, whereof the party shall have been

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duly convicted, shall exist within the United States, or any
place subject to their jurisdiction."

Section 2^ ** Congress shall have power to enforce this article
by appropriate legislation,**

Which amendment was approved on the i'* of February
1865.

Therefore, be it resolved, by the Senate and House of
Representatives, of the State of Georgia, in General Assem-
bly met. That the said amendment to the Constitution of the
United States, be, and the same is hereby ratified and adopted.

Resolved, That a certified copy of the foregoing pream-
ble and resolutions, be forwarded by His Excellency, the Pro-
visional Governor, fo the President of the United States, and
also to the Secretary of State of the United States.

William Gibson

Jn^ B. Weems

Secretary of Senate

President of Senate

Tho^ Hardeman Jr
Speaker of House of Rep*

J D Waddell

Clk House of Rep''
Assented to December 9'*" 1865

J Johnson
Pro. Gov. of Ga

Secretary of State's Office, Georgia.

Milledgeville, December 20'** 1865.
The within one page contains a true and correct copy of

original

the Resolutions now of file in this office.

Given under my hand and Seal of Office.
[seal.] N. C. Barnett

Secretary of State

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State of Oregon

Department of State

Salem Dec 20 1865
Hon William H. Seward

Secretary of State

Washington. D. C
Sir:

In compliance with an order of the Legislative Assembly

of this State, I have the honor to transmit a copy of certain

Resolutions adopted by that body on the 1 1*^ inst

I am very respectfully

Your Obedient Servant

Samuel E May

Secretary of State

State of Oregon

Department of State
To all to whom these presents shall come,
Greeting :

I, Samuel E. May, Secretary of State of the State of
Oregon do hereby certify that the annexed is a true copy
of a Joint Resolution adopted by the Legislative Assembly
of this State the original of which is on file in this Depart-
ment.

In testimony whereof, I have hereunto set my hand,

and affixed the seal of the State, at the city of

[seal.] Salem, this twentieth day of December A D.

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1865 ^^^ of ^^ Independence of the United
States the eighty ninth.

Samuel E May

Secretary of State.

Whereas the Congress of the United States did by resolution
approved February first 1865 propose the following amend-
ment to the Constitution of the United States, namely,

Article Thirteen Section One, Neither Slavery nor invol-
untary servitude except as a punishment for crime whereof
the party shall have been duly convicted, shall exist within the
United States, or any place subject to their jurisdiction.
Section Two. Congress shall have power to enforce this
article by appropriate Legislation.

Therefore be it Resolved by the Legislative Assembly of the
State of Oregon as follows, That the aforesaid amendment to
the Constitution of the United States as provided by Con-
gress be and the same is hereby ratified and confirmed.

Adopted December ii'** 1865.

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State of California — Executive Department,

Sacramento, Dec 21 1865
Hon William H. Seward

Secretary of State

Washinefton
Sir: ^

I have the honor to send herewith an official copy of a

Joint Resolution of the Legislature of this State ratifying the

proposed amendment to the Constitution of the United

States abolishing slavery.

To guard against delay or loss by reason of possible

interruption of the mails on the overland route, a duplicate

copy will be sent you by the Steamer Mail via Panama on

the 30'^ inst

I have the honor to be Very respectfully

Your obedient servant

Fred*^ F. Low

Governor

Joint Resolution providing for a ratification of the Amend-
ment to the Constitution of the United States.

Whereas, the Congress of the United States, two thirds
of both Houses having deemed it necessary, by a joint
resolution duly passed, and approved on the first day of
February in the year of our Lord One thousand eight
hundred and sixty five, did propose to the Legislatures of
the several States for their ratification, a certain amend-
ment to the Constitution of the United States, which pro-

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posed amendment is in the words and figures following,
to wit; ** Article Thirteen, Section One. Neither Slavery nor
involuntary servitude, except as a punishment for crime,
whereof the party shall have been duly convicted, shall exist
within the United States, or any place subject to their
jurisdiction.

Section Two. Congress shall have power to enforce this
Article by appropriate legislation. Therefore be it resolved
by the Senate and Assembly of the State of California,
that the said proposed amendment be and the same hereby
is ratified by the Legislature of the State of California.'*

John Yule
Speaker of the Assembly.
J. N. Machin
President of the Senate

Approved December 20'*" 1865.

Fred*^ F Low

Governor

State of California Department of State.

I B. B. Redding, Secretary of State, of Califor-
nia, do hereby certify that the above is a true full
and correct copy of a ** Joint Resolution providing
for a ratification of the Amendment to the Constitu-
tion of the United States'* Approved December
20*^ A. D. 1865, and now on file in this office.

Witness my hand and the Great Seal of State,
at Office in Sacramento California, the Twenty
first day of December A. D. 1865.
B. B. Redding

Secretary of State

[seal.]

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621

[indorsement.]
enclosure to letter rec"* on 22** Jan. *66.

Duplicate

State of California — Executive Department,

Sacramento, Dec 21 1865
Hon William H Seward

Secretary of State

Washington
Sir:—

I have the honor to send herewith an official copy of a

Joint Resolution of the Legislature of this State ratifying the

proposed amendment to the Constitution of the United

States abolishing slavery

To guard against delay or loss by reason of possible

interruption of the mails on the overland route, a duplicate

copy will be sent you by the Steamer Mail via Panama on

the 30'** in St

I have the honor to be.

Very respectfully

Your obedient servant

Fred*^ F Low

Governor

Joint resolution, providing for a ratification of the amend-
ment to the Constitution of the United States.

Whereas, the Congress of the United States, two thirds
of both Houses, having deemed it necessary, by a joint
resolution duly passed, and approved on the First day of

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622

February, in the year of our Lord One thousand eight hun-
dred and sixty five, did propose to the Legislatures of the
several States for their ratification, a certain amendment
to the Constitution of the United States, which proposed
amendment is in the words and figures following, to wit;
''Article Thirteen. Section One. Neither Slavery nor invol-
untary servitude, except as a punishment for crime, whereof
the party shall have been duly convicted, shall exist within
the United States, or any place subject to their jurisdiction.
Section Two. Congress shall have power to enforce this
Article by appropriate legislation. Therefore be it resolved
by the Senate and Assembly of the State of California, that
the said proposed amendment be and the same hereby is
ratified by the Legislature of the State of California.*'

John Yule
Speaker of the Assembly.

J. N. Machin
President of the Senate.

Approved December 20**" 1865.

Fredk F Low

Governor

State of California Department of State.

I B. B. Redding, Secretary of State of the State
of California, do hereby certify that the above is a
true full and correct copy of a ''Joint Resolution
[seal.] providing for a ratification of the amendment to
the Constitution of the United States*' Approved
December 20*** A. D. 1865, and now on file in this
office.

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Witness my hand and the Great Seal of
State, at Office in Sacramento, California, the
Twenty first day of December A. D. 1865.

B. B. Redding
Secretary of State

[indorsement.]
enclosure to duplicate letter rec** on 20*** Jan, '66.

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Executive Office

D^c 30*** 1865
His Excellency Andrew Johnson

President,
Sir

In obedience tp the request of the General Assembly of
this State, I have the honor to enclose to your Excellency
herewith, an authenticated Copy of their Resolutions ratifying
the amendment to the Constitution of the United States
abolishing slavery,

I have the honor to be with great respect Your Excel-
lency's Most ob' sv*

David S. Walker.

Governor of Florida

Joint Resolutions ratifying the proposed Amendment to
the Constitution of the United States relating to Slavery.

Whereas the Congress of the United States adopted a
joint Resolution submitting to the Legislatures of the several
States a proposition to amend the Constitution of the United
States, which said joint Resolutions are as follows :

** Resolved by the Senate and House of Representatives

**of the United States of America, in Congress assembled,

**(Two thirds of both Houses concurring) That the following

** article be proposed to the Legislatures of the several States,

**as an amendment to the Constitution of the United States,

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625

** which, when ratified by three fourths of said ^Legislatures
''shall be valid to all intents and purposes as a part of the
"said Constitution, namely: Art. XII. Sec I. Neither Slavery
**nor Involuntary Servitude, except as a punishment for
** crime, whereof the party shall have been duly convicted,
''shall exist within the United States, or any place subject to
** their jurisdiction. Section II. Congress shall have power
**to enforce this article by appropriate legislation.*' There-
fore,

I. Be it Resolved, by the Senate and. House of Repre-
sentatives of the State of Florida in General Assembly con-
vened. That, the foregoing amendment to the Constitution
of the United States, be, and the same is hereby ratified to
all intents and purposes as a part of the Constitution of the
United States.

II. Be it further Resolved ; That this amendment to the
Constitution of the United States, is adopted by the Leg-
islature of the State of Florida with the understanding
that it does not confer upon the Congress, the power to
legislate upon the political status of the Freedman in this
State.

III. Be it further Resolved; That the Governor of the
State, be, and he is hereby requested to forward to the Pres-
ident of the United States, an authenticated Copy of the fore-
going Preamble and Resolutions

Adopted by the Senate, Dec 27*^ 1865

Wm. W Kelly
Lieut Governor & ex officio

President of the Senate

F. L ViLLEPIGUE

Secretary of the Senate

4 AP 20.

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626

Adopted by the House of Representatives Dec 28*** 1865

Jo^ Jno Williams
Speaker House of Representatives
Wm Forsyth Bvnum

Clerk of the House of Representatives
Approved.
David S. Walker

Governor of Florida.

I. B. F. Allen, Secretary of State of the State of Florida, do
hereby certify that the foregoing resolutions are a true copy
of the original on file in this Offige.

In testimony whereof I have hereunto set my Offi-
cial Signature, and caused to be affixed the Great

Seal of the State of Florida. Done at the Capitol

[seal T . •

'-^ in the City of Tallahassee, this 30* day of Decem-
ber A. D 1865, and of the Independance of the
United States the 90'^ year.

David S. Walker

Governor of Florida
By the Governor — Attest

B. F. Allen

Secretary of State.

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State of New Jersey.

EXECUTIVE DEPARTMENT.

Trenton Jany 23 1866
Hon William H Seward

Secretary State of the United States,
Sir:

I herewith transmit an attested copy of the Joint Resolu-
tions of the Legislature of this state, approved this day rati-
fying the amendment to the Constitution of the United States.
I have the honor to be

your most obedient servant

Marcus L. Ward

The State of New Jersey.

Joint Resolution ratifying the amendment of the Constitu-
tion of the United States.

Resolved by the Senate and General Assembly of the
State of New Jersey, That the amendment to the Constitution
of the United States, proposed at the second session of the
thirty eighth Congress by a resolution of the Senate and
House of Representatives of the United States of America,
in Congress assembled, to the several State legislatures be
and the same is hereby ratified upon the part of this legisla-
ture, and made a part of the Constitution of the United

States of America; said amendment having been approved

627

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628

on the first day of February Anno Domini eighteen hundred
and Sixty-five and is in the following words, to wit :

Article XIII
Section I. Neither slavery nor involuntary servitude, except
as a punishment for crime, Whereof the party shall have
been duly convicted, shall exist within the United States, or
any place subject to their jurisdiction.

Section II. Congress shall have power to enforce this article
by appropriate legislation.

Approved January 23. 1866.

State of New Jersey,

I, Whitfield S. Johnson, Secretary of State of the
State of New Jersey, do hereby certify, the forego-

A. Joint Resolution

[seal.] ing to be a true copy of [**an^act" stricken out]
passed by the Legislature of this State, and ap-
proved by the Governor this twenty third day of
January A. D. 1866 as taken from and compared with the
original now on file in my office.

In testimony whereof, I have hereto set my hand, and
affixed the seal of my said office this twenty-third day of
January Eighteen hundred and sixty Six and of the Independ-
ence of the United States the [** Eighty*' stricken out] Nine-
tieth.

W. S. Johnson

STATE OF NEW JERSEY.

I, MARCUS L. WARD, Governor of the State of
New Jersey, do hereby certify that WHITFIELD
S. JOHNSON, Esquire, who hath signed the pre-

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629

ceding certificate, and whose official seal Is thereto
annexed, is Secretary of State of the State of New
Jersey, duly appointed, commissioned, and sworn,
[seal.] and that full faith and credit are to be given to his
official attestations ; that the said signature is in the
proper handwriting of the said Whitfield S. John-
son, and the seal his seal of office, and that the said
certificate is in due from of law, and by the proper
officer.
In Testimony Whereof, I have hereunto set my hand, and
caused the Great Seal of the State of New Jersey to be
hereunto affixed, at the city of Trenton, in said State, this
twenty third day of January in the year of our Lord one
thousand eight hundred and sixty-Six and of the Inde-
pendence of the United States the Ninetieth.

Marcus L. Ward
By the Governor.

W. S. Johnson,

Secretary of State.

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HOUSE OF REPRESENTATIVES

COMMITTEE OF WAYS AND MEANS

Washington D. C. July 20 1866,
My Dear Sir

I have the honor to send you herewith Copy of Ratifica-
tion of State of Iowa, through her legislature, of the Consti-

tutional Amendment ablishing slavery throughout the United

States. I file this at the request of the Secretary of State,

of the State of Iowa,

Respectfully Your Ob* Serv'

W^ B. Allison
Hon W™ H. Seward

Secretary of State.

STATE OF IOWA.

THE ELEVENTH GENERAL ASSEMBLY.

Joint Resolution, ratifying the amendment to the consti-
tution OF THE UNITED STATES ABOLISHING SLAVERY.

Whereas, the Congress of the United States has proposed
to the several States the following Amendment to the Fed-
eral Constitution, viz.:

Article XIII.

** Section i. — Neither Slavery nor Involuntary Servitude,

** except as a punishment for Crime, whereof the party shall

'*have been duly convicted, shall exist within the United

** States, or any place subject to their jurisdiction.

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** Section 2. — Congress shall have power to enforce this
** Article by appropriate Legislation* '^ — Therefore,

Be it Resolved, By the General Assembly of the State of
Iowa, that the State of Iowa, by its Legislature, hereby rati-
fies and assents to said Amendment.

Ed Wright

Speaker of the House of Representatives.

B. F. GuE
President of the Senate.

Approved January 24th 1866.

W. M. Stone

Governor.

I Hereby Certify the foregoing to be a True Copy

of the Original Resolution now on file in my office.

^^ ^ '-I James Wright

Secretary of State.
Des Moines, March 30'** 1866.

Abernethy, A.,
Abbott, W. S. M.,
Alcorn, Robert,
Ballinger, W.,
Barnes, T. N.,
Barker, W. T.,
Bahl, Andrew,
Belt, A. Sidney,
Bereman, T. A.,
Bennett, G. G.,

Members of the House.

All voted in the Affirmative.

Boomer, Albert,
Bolter, L. R.,
Brown, T. H.,
Brown, N. T.,
Browne, J. M.,
Brown, Joel,
Brown, J. H.,
Buck, W. G.,
Burnett, R. M.,
Carbee, J. P.,

Clark, Leander,
Close, Cicero,
Comfort, S. J.,
Conway, A. B.,
Crawford, A. K.,
Darwin, C. Ben.,
Dashiell, H. L.,
DeForest, G. E.,
Dudley, Chas.,
Dwelle, L.,

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Emery, D. H.,
Fellows, L. E.,
Finkbine, R. S.,
Flanders, S. A.,
Fry, Geo. C,
Gamble, J. D.,
Gaylord, W. P.,
Gary, S. G.,
Garrett, J. M.,
Garber, John,
Glasgow, S. L.,
Godfrey, G. L.,
Goodrich, D. G.,
Graves, Howard,
Griffith, G. E.,
Hale, William,
Hand, Geo. W.,
Holden, H. M.,
Holmes, A. E.,
Huggins, Alex. Z.
Joy, Wm. L.,
Knapp, Thos. B.,

Chas. Aid rich.

632

Knox, Peter,

Lahdes, J. F.,

Leffingwell, D.,

Linderman, Chas.,

Lowdon, Peter,

Martin, W. C,

Maxwell, Geo. M.,

McPherson, A. L.,

McNutt, Samuel,

McCullough, J. T.,

McLaughlin, A.,

McKean, John,

Mills, A. R.,

Morgan, T. A.,

O'Brien, D.,

Olmstead, P. P.,

Palmer, B. R.,

Poindexter, L. W.,

Rogers, J. N.,

, Rohlfs, M. J.,

Runyon, Alex.,

Russell, John,

Ed
Chief Clerk.

Ryan, David,
Sapp, W. F.,
Safely, J. G.,
Serrin, John R.,
Sherman, Hoyt,
Sipple, W. C,
Tracy, L. D.,
Thacher, J.,
Traverse, H. C,
Tisdale, G. J.,
Thomson, H. M.,
Thorn, Geo. W.,
Van Leuvan, B. F.,
Walden, M. M.,
West, J. P.,
Wilcox, P. C,
Wright, P. G.,
Wilson, T. S.,
Williams, J. W.,
Wilson, John,
Wilson, Thos. J.,
Williams, H. B.
Wright, Speaker.

Members of the Senate.
All voted in the Affirmative.
Bassett, Geo. W., Cattell, J. W., Cutts, M. E.,

Brayton, J. M.,
Bridges, C. G.,
Bulis, H. C,

Clarkson, C. F., Doud, Eliab,

Clark, Ezekiel, Edwards, E. E.,

Crookham, J. A. L. Farwell, S. S.,

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Hart, L. W.,
Hedges, N. G.,
Henderson, H. C,
Hilsinger, J.,
Hillyer, L. W.,
Hollman, Jos.,
Hunt, B. T.,
King, Wm. B.,
Knoll, R M.,
Lakin, W. B.,
Larimer, A. M.,
Leake, J. B.,

633

Marshman, W. M.
Mcjunkin, J. F.,
McMillan, T.,
Meyer, John.
Moore, S. A.,
Oliver, Addison,
Parvin, J. A.,
Paulk, Charles,
Patterson, J. G.,
Powers, J. B.,
Reed, J. R,
Richards, B..B.,

Robertson, J. M.,
Ross, Lewis W.,
Sampson, E. S.,
Shippen, W. C,
Smith, J. Henry,
Stiles, E. H.,
Stubbs, D. P.,
Udell, Nathan,
Warren, Fitz H.,
Wharton, Henry,
Woolson, T. W.,
Young, J. B.

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Joint Resolution, ratifying the 13*** Amendment to the Con-
stitution of the United States.
Whereas, On the i*^ day of February 1865. ^tn amendment
to the Constitution of the United States was approved and
which is as follows. ** A Resolution submitting to the Legis-
latures of the Several States a proposition to amend the Con-
stitution of the United States.'* Resolved by the Senate and
House of Representatives of the United States of America
in Congress assembled (two thirds of both Houses concur-
ring) That the following Article be proposed to the Leg-
islatures of the Several States, as an amendment to the
Constitution of the United States which when ratified by
three fourths of said Legislatures shall be valid, to all intents
and purposes, as a part of the Said Constitution, nan^ely : —

Article 13.

Section I. Neither slavery nor involuntary Servitude, ex-
cept as a punishment for crime whereof the party shall have
been duly convicted, shall exist within the United States, or
any place subject to their jurisdiction.

Section II. Congress shall have power to enforce this
article by appropriate Legislation,
and

Whereas, This amendment was declared a part of the
Constitution of the United States on the 18^*" day of Decem-
ber 1865. and is Submitted to the Legislature of the State
of Texas for ratification, be it

Resolved I. That the House of Representatives of the

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Legislature of Texas, (the Senate concurring) do ratify said

13'** Article of the Amendment to the Constitution of the

United States.

Resolved 11. That a copy of this preamble and resolutions

be transmitted to the Secretary of State, President of the

Senate, and Speaker of the House of Representatives of

the United States.

Signed. Ira H. Evans

Speaker of the House of Representatives

Attest

Signed. L. J. Gallant

clerk House of Representatives.

Signed. J. W. Flanagan

President of the Senate.
Signed. C. C. Allen

Secretary of Senate.

Head Quarters Fifth Military District

Office of Civil Affairs
Austin Texas, February 25. 1870
I hereby certify that the above is a true and correct copy
of the Joint Resolution adopted by the Legislature of Texas
on the 18^*" day of F'ebruary 1870 as appears from the Jour-
nals of the two Houses.

J. J. Reynolds

Bvt Major Gen'l USA

Commanding

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William H. Seward,
Secretary of State of the United States,
To all to whom these presents may come, Greeting:

Know Ye, that, whereas the Congress of the United
States, on the i" of February, last, passed a Resolution
which is in the words following, namely:

**A Resolution submitting to the Legislatures of the sev-
eral States a Proposition to amend the Constitution of the
United States.

** Resolved by the Senate and House of Representatives
of the United States of America in Congress assembled,
(two thirds of both Houses concurring,) That the following
Article be proposed to the legislatures of the several states
as an amendment to the constitution of the United States,
which, when ratified by three fourths of said legislatures,
shall be valid, to all intents and purposes, as a part of the
said constitution, namely: —

-Article XIII.

** Section i. Neither slavery nor involuntary servitude,
except as a punishment for crime whereof the party shall
have been duly convicted, shall exist within the United
States, or any place subject to their jurisdiction.

** Section 2. Congress shall have authority to enforce this
article by appropriate legislation."

And, whereas it appears, from official documents on file

in this Department, that the amendment to the Constitution

of the United States proposed, as aforesaid, has been ratified

by the legislatures of the States of Illinois, Rhode Island,

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Michigan, Maryland, New York, West Virginia, Maine,
Kansas, Massachusetts, Pennsylvania, Virginia, Ohio, Mis-
souri, Nevada, Indiana, Louisiana, Minnesota, Wisconsin,
Vermont, Tennessee, Arkansas, Connecticut, New Hamp-
shire, South Carolina, Alabama, North Carolina, and Geor-
gia; in all twenty-seven States:

And, whereas the whole number of States in the United
States is thirty-six ; and whereas the before specially named
States, whose legislatures have ratified the said proposed
amendment, constitute three-fourths of the whole number of
States in the United States: .

Now, therefore, be it known that I, William H. Seward,
Secretary of State of the United States, by virtue and in
pursuance of the second section of the Act of Congress,
approved the twentieth of April, eighteen hundred and
eighteen, entitled — **An Act to provide for the publication
of the laws of the United States and for other purposes,"
do, hereby, certify that the amendment aforesaid has become
valid, to all intents and purposes, as a part of the Constitu-
tion of the United States.

In testimony whereof, I have hereunto s«t my hand and
caused the seal of the Department of State to be affixed.

Done at the city of Washington, this eighteenth day of
December, in the year of our Lord one thousand eight hun-
dred and sixty-five, and of the Independence of the
United States of America the ninetieth.
'* William H. Seward

Secretary of State.
Approved

Andrew Johnson

Deer 1 8, 1865

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Thirty-ninth Congress of the United States, at the first
session, begun and held at the City of Washington, in the
District of Columbia, on Monday the fourth day of Decem-
ber, one thousand eight hundred and sixty-five.

Joint Resolution proposing an amendment to the Constitu-
tion of the United States.

Be it resolved by the Senate and House of Representatives
of the United States of America in Congress assembled,
(two-thirds of both Houses concurring,) That the following
article be proposed to the legislatures of the several States
as an amendment to the Constitution of the United States,
which, when ratified by three-fourths of said legislatures,
shall be valid as part of the Constitution, namely :

Article XIV.

within its jurisdiction the equal protection of the laws.

638

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639

Section 2. Representatives shall be apportioned among the
several States according to their respective numbers, count-
ing the whole number of persons in each State, excluding In-
dians not taxed. But when the right to vote at any election
for the choice of electors for President and Vice President of
the United States, Representatives in Congress, the Execu-
tive and Judicial officers of a State, or the members of the
Legislature thereof, is denied to any of the male inhabitants
of such State, being twenty-one years of age, and citizens ot
the United States, or in any way abridged, except for partici-
pation in rebellion, or other crime, the basis of representa-
tion therein shall be reduced in the proportion which the
number of such male citizens shall bear to the whole number
of male citizens twenty-one years of age in such State.
Section 3. No person shall be a Senator or Representative
in Congress, or elector of President and Vice President, or
hold any office, civil or military, under the United States,
or under any State, who, having previously taken an oath, as
a member of Congress, or as an officer of the United States,
or as a member of any State legislature, or as an execu-
tive or judicial officer of any State, to support the Constitu-
tion of the United States, shall have engaged in insurrection
or rebellion against the same, or given aid or comfort to
the enemies thereof. But Congress may by a vote of two-
thirds of each House, remove such disability.
Section 4. The validity of the public debt of the United
States, authorized by law, including debts incurred for pay-
ment of pensions and bounties for services in suppressing
insurrection or rebellion, shall not be questioned. But
neither the United States nor any State shall assume or
pay any debt or obligation incurred in aid of insurrection

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640

or rebellion against the United States, or any claim for the
loss or emancipation of any slave ; but all such debts, obli-
gations and claims shall be held illegal and void.
Section 5. The Congress shall have power to enforce, by
appropriate legislation, the provisions of this article.

Schuyler Colfax
Speaker of the House of Representatives.
La Fayette S. Foster,
President of the Senate pro tempore.
Attest.

Edw^ M^Pherson.

Clerk of the House of Representatives.
J. W. Forney

Secretary of the Senate.

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Office of Secretary of State,

Hartford, Conn. July 5* 1866.
Hon. W"» H. Seward.

Secretary of State,

Washington D. C.
D' Sir.

I herewith enclose certified copy of record in this office.
The same relating to the proposed amendment to the
Constitution of the United States.

An acknowledgment of the receipt of the same is respect-
fully requested. •
I have the honor to be

Very respectfully Your obt. Serv't,

L. E. Pease
Secy of State,
pr Ja^ P Marsh
Ch'f. Clk

At a General Assembly of the State of Connecticut, holden
at New Haven, in said State, on the first Wednesday of
May, in the year of our Lord, one thousand eight hun-
dred and sixty-six : —

Ratifying the Amendment to the Constitution of the United

States.

Whereas, the Congress of the United State has proposed to
the Legislatures of the several States as an Amendment
to the Constitution of the United States an article desig-
nated as Article XIV. in the words following, to wit: —

Be it resolved by the Senate and House of Representa-
4 AP 21. 641

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tives of the United States of America in Congress assem-
bled, (two thirds of both Houses concurring,) That the
following article be proposed to the Legislatures of the sev-
eral States as an amendment to the Constitution of the
United States, which, when ratified by three fourths of said
Legislatures, shall be valid as part of the Constitution,

namely :

Article XIV.

Section 2. Representatives shall be apportioned among
the several States according to their respective numbers,
counting the whole number of persons in each State, exclud-
ing Indians not taxed. But when the right to vote at any
election for the choice of electors for President and Vice-
President of the United States, Representatives in Congress,
the executive and judicial officers of a State, or the members
of the Legislature thereof, is denied to any of the male in-
habitants of such State, being twenty-one years of age, and
citizens of the United States, or in any way abridged, except
for participation in rebellion or other -crime, the basis of rep-
resentation therein shall be reduced in the proportion which
the number of such male citizens shall bear to the whole
number of male citizens twenty-one years of age in such
State.

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643

Secrion 3. No person shall be a Senator or Representa-
tive in Congress, or elector of President and Vice President,
or hold any office, civil or military, under the United States,
or under any state, who, having previously taken an oath, as
a member of Congress or as an officer of the United States
or as a member of any State Legislature, or as an executive
or judicial officer of any State, to support the Constitution of
the United States, shall have engaged in insurrection or
rebellion against the same, or given aid or comfort to the
enemies thereof. But Congress may, by a vote of two-thirds
of each House, remove such disability.

Section. 4. The validity of the public debt of the United
States, authorized by law, including debts incurred for pay-
ment of pensions and bounties for services in suppressing
insurrection or rebellion, shall not be questioned. But
neither the United States nor any State shall assume or pay
and debt or obligation incurred in aid of insurrection or re-
bellion against the United States, or any claim for the loss or
emancipation of any slave ; but all such debts, obligations,
and claims shall be held illegal and void.

Section 5. The Congress shall have power to enforce, by
appropriate legislation, the provisions of this article.

Resolved by this Assembly, That the said Article be ap-
proved and adopted, and it is hereby ratified as a part of the
Constitution of the United States of America.

Approved. June 30th, 1866.

State of Connecticut, ss.

Office of Secretary of State.
I hereby certify that the foregoing is a true copy of rec-
ord in this office.

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644

In Testimony whereof, I have hereunto set my
[seal.] hand, and affixed the Seal of said State, at Hart-
ford, this fifth day of July A. D. 1866.

L. E Pease
Secretary of State

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State of New-Hampshire.

Secretary of State's Office.
I, Walter Harriman, Secretary of State of New-Hamp-
shire, do hereby certify that the annexed is a true copy of a
Joint Resolution of the Legislature of this State, ratifying the
amendment to the Constitution of the United States, passed
July 7, 1 866, as taken from the original on file in this Office.
In testimony whereof I have hereunto set my hand
[seal.] and affixed the Seal of said State, the 25th day
of February, A. D. 1867.

Walter Harriman Secretary of State.

THE STATE OF NEW-HAMPSHIRE.
In the year of our Lord one thousand eight hundred and

sixty-six.
RESOL VED by the Senate and House of Representatives, in

General Court convened:

That the following Article, proposed by a joint resolution
of Congress, to be submitted to the Legislatures of the sev-
eral States, as an amendment of the Constitution of the
United States, be ratified and adopted by the Legislature of
New-Hampshire as an amendment to, and a part of, the
Constitution of the United States ; namely,

ARTICLE XIV.
Section i. All persons born or naturalized in the United

States, and subject to the jurisdiction thereof, are citizens of

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the United States and of the State wherein they reside. No
State shall make or enforce any law which shall abridge
the privileges or immunities of citizens of the United States ;
nor shall any State deprive any person of life, liberty or
property, without due process of law, nor deny to any
person within its jurisdiction the equal protection of the
laws.

Sec. 2. Representatives shall be apportioned among the
several States according to their respective numbers, count-
ing the whole number of persons in each State, excluding
Indians not taxed. But when the right to vote at any elec-
tion for the choice of electors for President and Vice-Presi-
dent of the United States, Representatives in Congress, the
executive and judicial officers of a State, or the members of
the legislature thereof, is denied to any of the male inhabi-
tants of such State, being twenty-one years of age and citi-
zens of the United States, or in any way abridged, except for
participation in rebellion or other crime, the basis of repre-
sentation therein shall be reduced in the proportion which
the number of such male citizens shall bear to the whole
number of male citizens twenty-one years of age in "such
State. .

Sec. 3. No person shall be a Senator or Representative
in Congress, or elector of President and Vice-President, or
h©ld any office, civil or military, under the United States, or
under any State, who, having, previously taken an oath as a
member of Congress, or as an officer of the United States,
or as a member of any Legislature, or as an executive or
judicial officer of any State, to support the Constitution of
the United States, shall have engaged in insurrection or re-
bellion against the same, or given aid or comfort to the

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647

enemies thereof. But Congress may, by a vote of two thirds
of each House, remove such disability.

Sec. 4. The validity of the public debt of the United States,
authorized by law, including debts incurred for payment of
pensions and bounties for services in suppressing insurrec-
tion or rebellion, shall not be questioned. But neither the
United States nor any State shall assume or pay any debt or
obligation incurred in aid of insurrection or rebellion against
the United States, or any claim for the loss or emancipation
of any slave ; but all such debts, obligations and claims, shall
be held illegal and void.

Sec. 5. The Congress shall have power to enforce, by

appropriate legislation, the provisions of this article.

Austin F. Pike,

Speaker of the House of Representatives.

Daniel Barnard,

President of the Senate,
Approved July 7, 1866.

Frederick Smyth, Governor.

The State of New-Hampshire.

In the year of our Lord one thousand eight hundred and
sixty-six.
A JOINT RESOLUTION ratifying an amendment to the

Constitution of the United States.

Resolved by the Senate and House of Representatives, in
General Court convened, That the following article, proposed
by a joint resolution of Congress, to be submitted to the
Legislatures of the several States as an amendment of the
Constitution of the United States, be ratified and adopted by

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648

the Legislature of New-Hampshire, as an amendment to and
a part of the Constitution of the United States : namely,

ARTICLE XIV.

Section i. All persons bom or naturalized in the United
States, and subject to the jurisdiction thereof, are citizens of
the United States and of the State wherein they reside. No
State shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States ; nor
shall any State deprive any person of life, liberty, or prop-
erty, without due process of law, nor deny to any person
within its jurisdiction the equal protection of the laws.

Sec. 2. Representatives shall be apportioned among the
several States according to their respective numbers, count-
ing the whole number of persons in each State, excluding
Indians not taxed. But when the right of vote, at any elec-
tion, for the choice of Electors for President and Vice-Presi-
dent of the United States, Representatives in Congress, the
Executive and Judicial Officers of a State, or the members of
the Legislature thereof, is denied to any of the male inhab-
itants of such State, being twenty-one years of age and citi-
zens of the United States, or in any way abridged, except for
participation in rebellion or other crime, the basis of repre-
sentation therein shall be reduced in the proportion which the
number of such male citizens shall bear to the whole number
of male citizens twenty-one years of age in such State.

Sec. 3. No person shall be a Senator or Representative
in Congress, or Elector of President and Vice-President, or
hold any office, civil or military, under the United States,
or under any State, who, having previously taken an oath as
a member of Congress, or as an officer of the United States,

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649

or as a member of any Legislature, or as an executive or
judicial officer of any State, to support the Constitution of
the United States, shall have engaged in insurrection or
rebellion against the same, or given aid or comfort to the
enemies thereof But Congress may, by a vote of two thirds
of each house, remove such disability.

Sec. 4. The validity of the public debt of the United
States, authorized by law, including debts incurred for pay-
ment of pensions and bounties for services in suppressing
insurrection or rebellion, shall not be questioned; but neither
the United States, nor any State shall assume or pay any
debt or obligation incurred in aid of insurrection or rebellion
against the United States, or any claim for the loss or eman-
cipation of any slave, but all such debts, obligations and
claims shall be held illegal and void.

Sec. 5. The Congress shall have power to enforce, by ap-
propriate legislation, the provisions of this article.

Austin F. Pike,
Speaker of the House of Representatives.
Daniel Barnard,

Approved July 7, 1866
A true copy — attest :

President of the Senate,

Frederick Smyth,

Governor.

Walter Harriman,
Secretary of State.

State of New Hampshire.
Resolved by the Senate and House of Representatives, in
General Court convened,
That the following Article, proposed by a joint resolution

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650

of Congress to be submitted to the Legislatures of the
several States as an amendment of the Constitution of
the United States be ratified and adopted by the Legislature
of New Hampshire as an amendment to and a part of the
Constitution of the United States: namely,

Article XIV.
Section i. All persons born or naturalized in the United
States and subject to the jurisdiction thereof, are citizens of
the United States and of the State wherein they reside. No
State shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States:
nor shall any State deprive any person of life, liberty or prop-
erty without due proces of law, nor deny to any person
within its Jurisdiction the equal protection of the laws.
Section 2. Representatives shall be apportioned among the
several States according to their respective numbers count-
ing the whole number of persons in each State, excluding
Indians not taxed. But when the right to vote at any elec-
tion for the choice of electors of President and Vice President
of the United States, Representatives in Congress the execu-
tive and judicial officers of the State, or the members of the
Legislature thereof is denied to any of the male inhabitants
of such State, being twenty one years of age and citizens of
the United States, or in any way abridged except for partici-
pation in rebellion or other crime, the basis of representa-
tion therein shall be reduced in the proportion which the
number of such male citizens shall bear to the whole number
of male citizens twenty one years of age in such State.
Sec. 3. No person shall be a Senator or Representative in
Congress or elector of President and Vice President or hold
any office, civil or military under the United States, or under

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651

any State, who, having previously taken an oath as a Member
of Congress, or as an Officer of the United States, or as a
member of any legislature, or as an executive or judicial
officer of any State, to support the Constitution of the United
States, shall have engaged in insurrection or rebellion against
the same, or given aid and comfort to the enemies thereof.
But Congress may by a vote of two thirds of each House
remove such disability.

Sec. 4. The validity of the Public debt of the United States,
authorised by law, including debts incurred for payment of
pensions and bounties for services in suppressing insurrec-
tion or rebellion, shall not be questioned. But neither the
United States, nor any State shall assume or pay any debt or
obligation incurred in aid of insurrection or rebellion against
the United States, or any claim for the loss or emancipation
of any Slave: but of all such debts, obligations and claims
shall be held illegal and void.

Sec. 5. The Congress shall have power to enforce by appro-
priate legislation, the provisions of this article.

Austin F. Pike
Speaker of the House of Representatives.
** Daniel Barnard,'*
"President of the Senate.**

"Approved July 7, 1866.**

"Frederick Smyth,**

"Governor.**

State of New Hampshire,

Secretary of States Office

Feb. 12, 1866.
I hereby certify that the foregoing is a true copy of a Reso-
lution passed by the Legislature of said State at the June

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652

session 1866, taken from the original now in file in this

Office.

In testimony whereof I have hereunto set my hand

[seal.] and affixed the seal of said State, the date above

written.

Walter Harriman

Secretary of State.

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State of Tennessee,

EXECUTIVE DEPARTMENT,

Nashville, July 25 1866.
Hon W. H. Seward

Secretary of State of
The United States

Washington D. C.
Sir. I have the honor to transmit herewith, Joint Resolu-
tion of the Legislature of the State of Tennessee ratifying
the Amendment proposed by the present Congress of the
United States to the Constitution of the United States as
Article No 14. The decision of said Legislature will more
fully appear from said enclosure

Respectfully W. G. Brown low

Governor of Tennessee

Joint Resolution adopting the proposed Amendment to the
Constitution of the United States.

Be it resolved by the General Assembly of the State of
Tennessee —

That the Amendment to the Constitution of the United
States, proposed by Joint Resolution of the Congress of the
United States at its present Session, in the words and
figures following viz ;

*'Be it Resolved by the Senate and House of Represent-
atives of the United States of America in Congress Assem-
bled (Two thirds of both Houses concurring). That the

653

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654

following Article be proposed to the Legislatures of the sev-
eral States as an amendment to the Constitution of the
United States, which, when ratified by three fourths of said
Legislatures, shall be valid as part of the Constitution,

namely :

Article XIV.

Section i. All persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are citizens of
the United States and of the State wherein they reside.
No State shall make or enforce any law which shall abridge
the privileges or immunities of citizens of the United States;
nor shall any State deprive any person of life, liberty, or
property, without due process of law, nor deny to any per-
son within its jurisdiction the equal protection of the laws.
Section 2. Representatives shall be apportioned among the
several States according to their respective numbers, count-
ing the whole number of persons in each State, excluding
Indians not taxed. But when the right to vote at any elec-
tion for the choice of electors for President and Vice Presi-
dent of the United States, Representatives in Congress, the
executive and judicial officers of a State, or the members of
the Legislature thereof, is denied to any of the male inhabit-
ants of such State, being twenty-one years of age, and citi-
zens of the United States, or in any way abridged, except for
participation in rebellion or other crime, the basis of repre-
sentation therein shall be reduced in the proportion which
the number of such male citizens shall bear to the whole
number of male citizens twenty-one years of age in such
State.
Section 3.
No person shall be a Senator or Representative in Con-

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655

gress, or elector of President and Vice President, or hold
any office, civil or military, under the United States, or un-
der any State, who, having previously taken an oath, as a
member of Congress, or as an officer of the United States,
or as a member of any State Legislature, or as an executive
or judicial officer of any State, to support the Constitution
of the United States, shall have engaged in insurrection or
rebellion against the same, or given aid or comfort to the
enemies thereof. But Congress may, by a vote of two-thirds
of each House, remove such disability.

Section 4. The validity of the public debt of the United
States, authorized by law, including debts incurred for pay-
ment of pensions and bounties for services in suppressing
insurrection or rebellion, shall not be questioned. But
neither the United States nor any State shall assume or
pay any debt or obligation incurred in aid of insurrection
or rebellion against the United States, or any claim for the
loss or emancipation of any slave ; but all such debts, obli-
gations, and claims shall be held illegal and void.
Section 5. The Congress shall have power to enforce, by ap-
propriate legislation, the provisions of this article.*'

Be and the same is hereby ratified as a part of the Con-
stitution of the United States of America.

Adopted July 19 1866.

John Norman
Speaker pro. tem. of the House of Representatives

Joshua B. Freeison
Speaker of the Senate

I, Andrew J. Fletcher, Secretary of State of the State
of Tennessee, do Certify that the foregoing is a copy of a

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656

Joint Resolution of the General Assembly of Tennessee
adopted July 19 1866— the original of which is now on file in
my office.

In Testimony WhereoC I have hereunto subscribed

my Official Signature, and by order of the Gov-

[sEAu] emor, affixed the Great Seal of the State of

Tennessee; at the Department in the City of

Nashville, this 25 day of July A. D., 1866.

A. J. Fletcher

Secretary of State,

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State of New Jersey.

EXECUTIVE DEPARTMENT.

Trenton Sept. 25* 1866
Honorable William H Seward,

Secretary of State &c

Washington. D. C.
Sir.

I have the honor to transmit an attested copy of the Joint

Resolutions of the Legislature of the State of New Jersey,

approved September eleventh, Eighteen hundred and Sixty

six, ratifying the Constitutional Amendment, of which an

official copy was forwarded to me under date of June 16*^

last.

Respectfully

Your obedient servant,

Marcus L. Ward

ASSEMBLY JOINT RESOLUTION NO. I.

STATE OF NEW JERSEY.

Joint Resolution ratifying the amendment of the Constitu-
tion of the United States.

I . Be IT RESOLVED by the Senate and General Assembly of
tlie State of New Jersey, That the amendment to the Consti-
tution of the United States proposed at the first session of
the Thirty-ninth Congress by a resolution of the Senate and
House of Representatives of the United States of America,

4 AP 22. 657

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658

in Congress assembled, to the several State legislatures, be
and the same is hereby ratified upon the part of this legisla-
ture, and made a part of the Constitution of the United
States of America, said amendment being in the following

words, to wit:

ARTICLE XIV.

Sec. 2. Repi:esentatives shall be apportioned among the
several States according to their respective numbers, count-
ing the whole number of persons in each State, excluding
Indians not taxed. But when the right to vote at any elec-
tion for the choice of electors for President and Vice Presi-
dent of the United States, Representatives in Congress, the
executive and judicial officers of a State, or the members of
the legislature thereof, is denied to any of the male inhab-
itants of such State, being twenty-one years of age, and citi-
zens of the United States, or in any way abridged, except for
participation in rebellion or other crime, the basis of repre-
sentation therein shall be reduced in the proportion which
the number of such male citizens shall bear to the whole
number of male citizens twenty-one years of age in such
State.

Sec. 3. No person shall be a Senator or Representative
in Congress, or elector of President and Vice President, or

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hold any office, civil or military, under the United States, or
under any State, who, having previously taken an oath, as a
member of Congress, or as an officer of the United States,
or as a member of any State legislature, or as an executive
or judicial officer of any State, to support the Constitution
of the United States, shall have engaged in insurrection or
rebellion against the same, or given aid or comfort to the
enemies thereof. But Cangress may, by a vote of two-thirds
of each House, remove such disability.

Sec. 4. The validity of the public debt of the United
States authorized by law, including debts incurred for pay-
ment of pensions and bounties for services in suppressing
insurrection or rebellion, shall not be questioned. But
neither the United States nor any State shall assume or
pay any debt or obligation incurred in aid of insurrection
or rebellion against the United States, or any claim for the
loss or emancipation of any slave ; but all such debts, obli-
gations, and claims shall be held illegal and void.

Sec. 5. The Congress shall have power to enforce, by
appropriate legislation, the provisions of this article.

Approved September 11. 1866.

State of New Jersey.

I, Horace N Congar, Secretary of State of the
State of New Jersey, do hereby certify the forego-
ing to be a true Copy of a Joint Resolution passed
by the Legislature of said State, and approved by

the Governor on the Eleventh day of September A. D.

Eighteen hundred and Sixty Six, as the Same is taken from

and compared with the original now remaining on file in my

said office. '

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66o

In Testimony Whereof I have hereunto set my hand
and affixed my official seal this twenty-sixth day of
September A. D. Eighteen hundred and Sixty-Six.

H N CONGAR

State of New Jersey.

I. Marcus L. Ward. Governor of the State of New
Jersey, do hereby certify that Horace N. Congar,
Esquire who hath signed the annexed preceding

[seal.] ._ r . . 1 1 . 1 r J

certificate of wntmg, was at the domg thereof, and
now is, Secretary of State of the State of New Jer-
sey, duly appointed, commissioned and sworn, ac-
cording to law, and that full faith and credit, are to be given
to his official attestations. And I do further certify that the
signature thereto written, is in the proper handwriting of the
said Horace N. Congar, and the seal attached his seal of
office.

In Witness whereof I have hereunto set my hand and
caused the Great Seal of the State of New Jersey to be
hereunto affixed at Trenton, this twenty-sixth day of Sep-
tember A. D. Eighteen hundred and sixty-six. and of the
Independence of the United States the ninety-first.

Marcus L. Ward
By the Governor.

H N Congar

Secretary of State.

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State of Oregon

Department of State

• Salem September 21, 1866.

Hon William H. Seward

Secretary of State

Washington. D. C
Sir:

I have the honor to transmit herewith a certified copy of
a joint resolution adopted by the Legislative Assembly of the
State of Oregon at its Fourth Regular Session, September
1 866. The receipt of which you will please cauise acknowl-
edged.

Your Obedient Servant

Samuel E May

Secretary of State.

State of Oregon.

Department of State.
To all to whom these presents shall come Greeting:
I. Samuel. E. May. Secretary of State of the State of Oregon,
do hereby certify that annexed is a true copy of a Joint
Resolution adopted by the Legislative Assembly of the State
aforesaid the original of which is now on file in this Depart-
ment.

In testimony whereof I have hereunto signed my name
and affixed the Seal of the State of Oregon this twenty-first

day of September. A. D. 1866.

Samuel E May

[seal.] Secretary of State.

661

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662

Senate Joint Resolution.

Whereas. The Congress of the United States did by concur-
rent resolution, adopted at the first session of the thirt)'-ninth
Congress, propose to the Legislatures of the several States,
the following amendment to the Constitution of the United
States, namely.

Article. 14. Section, i. All persons born or naturalized in
the United States, and subject to the jurisdiction thereof, are
citizens of the United States, and of the State wherein they
reside. No State shall make or enforce any law which shall
abridge the privileges or immunities of citizens of the United
States ; nor shall any State deprive any person of life, liberty,
or property, without due process of law, nor deny to any per-
son within its jurisdiction the equal protection of the laws.
Section. 2. Representatives shall be apportioned among the
several States according to their respective numbers, count-
ing the whole number of persons in each State excluding
Indians not taxed. But when the right to vote at any elec-
tion, for the choice of electors for President and Vice-Presi-
dent of the United States, Representatives in Congress, the
executive and judicial officers of a State, or the members of
the Legislature thereof, is denied to any of the male inhabit-
ants of such State, being twenty-one years of age, and citi-
zens of the United States, or in any way abridged, except for
participation in rebellion or other crime, the basis of repre-
sentation therein shall be reduced in the proportion which the
number of such male citizens shall bear to the whole number
of male citizens twenty-one years of age in such State.
Section. 3. No person shall be a Senator or Representative
in Congress, or elector of President and Vice-President, or
hold any office, civil or military, under the United States,

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663

or under any State, who, having previously taken an oath as
a member of Congress, or as an officer of the United States,
or as a member of any State Legislature, or as an executive
or judicial officer of any State, to support the Constitution of
the United States, shall have engaged in insurrection or re-
bellion against the same, or given aid or comfort to the
enemies thereof. But Congress may, by a vote of two-thirds
of each House, remove such disability.

Section. 4. The validity of the public debt of the United
States, authorized by law, including debts incurred for pay-
ment of pensions and bounties for services in suppressing in-
surrection or rebellion, shall not be questioned. But neither
the United States, nor any State shall assume or pay any
debt or obligation incurred in aid of insurrection or rebellion
against the United States, or any claim for the loss or eman-
cipation of any slave; but all such debts, obligations, and
claims shall be h?ld illegal and void.

Section. 5. The Congress shall have power to enforce, by
appropriate legislation, the provisions of this article.
Therefore ; Be it resolved by the Legislative Assembly of the
State of Oregon ; that the said amendment to the Constitu-
tion of the United States be and the same is hereby ratified.

Passed the Senate Sept 14* 1866.

T. R. Cornelius

President of the Senate.

Passed the House of Representatives. Sept. 19* 1866.

F. A. Chenowith.

Speaker of the House of Representatives

Attest. J. C. Peebles

Chief Clerk of the Senate

T. M^F. Patton.

Chief Clerk House of Representatives.

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State of Vermont,

Executive Chamber

Montpelier Nov 12 1866.
Hon W H Seward

Secry of State, U States
Sir

Herewith I have the honor to enclose to you a certifyed
copy, shwing the adoption, by the Legislature of Vermont,
of the Amendment to the constitution of the U States, lately
proposed by the 39th Congress. Please acknowledge the re-
ceipt of same

I am with much respect

Your Obdt Servent

Paul Dillingham

Joint Resolution,
ratifying an amendment to the Constitution of the United

States.
Whereas the Congress of the United States on the thir-
teenth day of June A. D. 1866, by Joint Resolution,
proposed to the Legislatures of the several States an
amendment to the Constitution of the United States, in
the words following, viz :

Article XIV.

Sec. I. All persons born or naturalized in the United States

and subject to the jurisdiction thereof, are citizens of

664

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665

the United States and of the State wherein they reside.
No State shall make or enforce any law, which shall
abridge the privileges or immunities of citizens of the
United States ; nor shall any State deprive any person
of life, liberty or property, without due process of law
nor deny to any person within its jurisdiction, the equal
protection of the laws.
Sec. 2. Representatives shall be apportioned among the
several States, according to their respective numbers,
counting the whole number of persons in each State,
excluding Indians not taxed : but when the right to
vote at any election for the choice of Electors for Presi-
dent and Vice President of the United States, Represent-
atives in Congress, the executive and judicial officers
of a State or the members of the Legislature thereof, is
denied to any of the male inhabitants of such State,
being twenty-one years of age and citizens of the United
States, or in any way abridged, except for participation
in the rebellion or other crime, the basis of representa-

therein

tion^shall be reduced in the proportion, which the num-
ber of such male citizens shall bear to the whole number
of male citizens twenty-one years of age in such State.
Sec. 3. No person shall be a Senator or Representative in
Congress, or Elector of President and Vice President or
hold an office, civil or military, under the United States
or under any State, who, having previously taken an
oath, as a member of Congress, or as an officer of the
United States, or as a member of any State Legislature,
or as an executive or judicial officer of any State, to
support the Constitution of the United States, shall
have engaged in insurrection or rebellion against the

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666

same or given aid or comfort to the enemies thereof:
but Congress may by a vote of two thirds of each
House remove such disability.
Sec. 4. The validity of the public debt of the United States,
authorized by law, including debts incurred for payment
of pensions and bounties for service in suppressing- in-
surrection or rebellion shall not be questioned : but
neither the United States nor any State shall assume or
pay any debt or obligation incurred in aid of insurrec-
tion or rebellion against the United States or any claim
for the loss or emancipation of any slave : but all such
debts, obligations and claims shall be held illegal and
void.
Sec. 5. That Congress shall have power to enforce by appro-
priate legislation the provisions of this Article.
Therefore : —
Resolved: by the Senate and House of Representatives :
That the said proposed amendment to the Constitu-
tion of the United States, be and the same is hereby
ratified by the Legislature of the State of Vermont.

John W. Stewart
Speaker of the House of Reps.
A. B. Gardner
President of the Senate.

State of Vermont.

Secretary of State's Office.
I hereby certify that the foregoing is a true copy of a
Joint Resolution adopted by the Legislature of this State
at the Annual Session of 1866, as appears from the files
of this Office.

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[seal.]

667

Given under my hand and the seal of this
Office, at Montpelier, this ninth day of Novem-
ber A. D. one thousand eight hundred and

sixty-six.

George Nichols,

Secretary of State.

[indorsement.]

Joint Resolution,
ratifying an Amendment to the Constitution of the United
States.

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STATE OF NEW YORK.

Executive Department.

Albany, January ii 1867
Sir:

I have the honor to transmit herewith an attested copy of

a Concurrent Resolution of the Legislature of this State,

ratifying the Amendment to the Constitution of the United

States, proposed as a Fourteenth Article by Congress at its

last Session.

Very Respectfully

R E Fenton
Hon William H Seward

Secr'y of State

Washington D C.

State of New York,

OFFICE OF THE SECRETARY OF STATE.

I FRANCIS C. BARLOW, Secretary of State of the

State of New- York, do hereby certify that the annexed is a

true copy of a Concurrent Resolution of the Legislature of

this State, ** Ratifying an amendment to the Constitution of

the United States,'' passed January loth, 1867, as taken from

the original on file in this office.

In Testimony Whereof, I have hereunto subscribed

my name and affixed the Great Seal of the State

of New-York the Eleventh day of January, A. D.

1867.

Francis C. Barlow

Secretary of State.

668

[seal.]

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669

Whereas, at a Session of the Thirty-ninth Congress, it
was Resolved by the Senate and House of Representatives of
the United States of America, in Congress assembled, (two-
thirds of both houses concurring,) That the following
article be proposed to the Legislatures of the several States
as an amendment to the Constitution of the United States,
which, when ratified by three-fourths of said Legislatures,
shall be valid to all intents and purposes, as a part of the
said Constitution, viz:

ARTICLE XIV.

Section i. All persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are citizens of
the United States, and of the State wherein they reside. No
State shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States, nor
shall any State deprive any person of life, liberty or property,
without due process of law, nor deny to any person within its
jurisdiction the equal protection of the laws.

Section 2. Representatives shall be apportioned among
the several States according to their respective numbers,
counting the whole number of persons in each State, exclud-
ing Indians not taxed. But when the' right to vote at any
election for the choice of Electors for President and Vice-
President of the United States, Representatives in Congress,
the Executive or Judicial officers of a State, or the Members
of the Legislature thereof, is denied to any of the male in-
habitants of such State, being twenty-one years of age and
citizens of the United States, or in any way abridged, except
for participation in rebellion, or other crime, the basis of rep-
resentation therein shall be reduced In the proportion which

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670

the number of such male citizens shall bear to the whole
number of male citizens, twenty-one years of age in such
State.

Section 3. No person shall be a Senator or Representa-
tive in Congress, or elector of President or Vice-President,
or hold any office, civil or military, under the United States,
or under any State, who having previously taken an oath as
a Member of Congress, or as an officer of the United States,
or as a member of any State Legislature, or as an Executive
or Judicial officer of any State, to support the Constitution
of the United States, shall have engaged in insurrection or
rebellion against the same, or given aid or comfort to the
enemies thereof. But Congress may, by a vote of two-thirds
of each house, remove such disability.

Section 4. The validity of the public debt of the United
States, authorized by law, including debts incurred for pay-
ment of pensions and bounties for services in suppressing
insurrection or rebellion, shall not be questioned. But
neither the United States, nor any State, shall assume or
pay any debt or obligation incurred in aid of insurrection or
rebellion against the United States, or any claim for the loss
or emancipation of any slave ; but all such debts, obligations
and claims shall be held illegal and void.

Section 5. The Congress shall have power to enforce,
by appropriate legislation, the provisions of this article.

Therefore Resolved, (if the Assembly concur,) That the
said proposed amendment to the Constitution of the United
States, be, and the same is, hereby ratified by the Legislature
of the State of New- York.

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671

STATE OF NEW YORK.

Executive Department

Albany, January 11 1867
Sir:

I have the honor to transmit herewith an attested copy of
a Concurrent Resolution of the Legislature of this State, rat-
ifying the Amendment to the Constitution of the United
States, proposed as a Fourteenth Article by Congress at its
last Session.

Very Respectfully,

R E Fenton
To The President of the United States

Washington D C.

State of New York, |

OFFICE OF THE SECRETARY OF STATE. )

I, FRANCIS C. BARLOW, Secretary of State of the
State of New- York, do hereby certify that the annexed is a
true copy of a Concurrent Resolution of the Legislature of
this State, "Ratifying an amendment to the Constitution of
the United States," passed January loth, 1867, as taken from
the original on file in this office.

In Testimony Whereof, I have hereunto subscribed
my name and affixed the Great Seal of the State
of New-York, the Eleventh day of January, A. D.
1867.

Francis C. Barlow
Secretary of State.

[seal.]

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672

Whereas, at a Session of the Thirty-ninth Congress, it
was Resolved by the Senate and House of Representatives
of the United States of America, in Congress assembled,
(two-thirds of both houses concurring,) That the foUowing^
article be proposed to the Legislatures of the several States
as an amendment to the Constitution of the United States,
which, when ratified by three-fourths of said Legislatures,
shall be valid to all intents and purposes, as a part of the
said Constitution, viz:

ARTICLE XIV.

Section i. All persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are citizens
of the United States, and of the State wherein they re-
side. No State shall make or enforce any law which shall
abridge the privileges or immunities of citizens of the United
States, nor shall any State deprive any person of life, lib-
erty or property, without due process of law, nor deny to
any person within its jurisdiction the equal protection of
the laws.

Section 2. Representatives shall be apportioned among
the several States according to their respective numbers,
counting the whole number of persons in each State, ex-
cluding Indians not taxed. But when the right to vote at
any election for the choice of Electors for President and Vice-
President of the United States, Representatives in Congress,
the Executive or Judicial officers of a State, or the Members
of the Legislature thereof, is denied to any of the male inhab-
itants of such State, being twenty-one years of age and citi-
zens of the United States, or in any way abridged, except for
participation in rebellion, or other crime, the basis of repre-

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673

sentation therein shall be reduced in the proportion which
the number of such male citizens shall bear to the whole
number of male citizens, twenty-one years of age in such
State.

Section 4. The validity of the public debt of the United
States, authonzed by law, including debts incurred for pay-
ment of pensions and bounties for services in suppressing in-
surrection or rebellion, shall not be questioned. But neither
the United States, nor any State, shall assume or pay any
debt or obligation incurred in aid of insurrection or rebellion
against the United States, or any claim for the loss or eman-
cipation of any slave ; but all such debts, obligations and
claims shall be held illegal and void.

Section 5. The Congress shall have power to enforce,
by appropriate legislation, the provisions of this article.

Therefore Resolved, (if the Assembly concur,) That the
said proposed amendment to the Constitution of the United
States, be, and the same is, hereby ratified by the Legisla-
ture of the State of New- York.
4 AP 23.

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674
[wrapper.]

Executive.

Feb 20* 1867

Case of Fenton R E Gov New York.
Transmits resolution of N Y Legislature, ratifying the
Amendment to the Constitution of the U. S.

Respectfully referred to the Hon. the Secretary of State

By order of the President,

R Morrow

Assis' priv Secretary.

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State of Ohio

Executive Department.

Columbus, Jany 17 1867
Sir:

I have the honor to transmit herewith, an attested copy
of a resolution of the General Assembly of this State, ratify-
ing the Amendment to the Constitution of the United States,
proposed as a Fourteenth Article by Congress at its last

session.

Very respectfully,

Your obedient servant,

J. D. Cox.

Hon W™ H Seward Governor

Secy of State

United States of America, Ohio, ^

SECRETARY OF STATe's OFFICE. )

I, WILLIAM HENRY SMITH, Secretary of State of
the State of Ohio, do hereby certify that the annexed is a
true copy of a Joint Resolution of the General Assembly of
the State of Ohio, '* Relative to an amendment of the Con-
stitution of the United States," passed January nth, 1867,
as taken from the original rolls on file in this office.

In Testimony Whereof, I have hereunto subscribed
my name and affixed the Great Seal of the State
of Ohio, at Columbus, the 15th day of January,
A. D. 1867.

[seal.]

W^ Henry Smith

Secretary of State.

675

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676

S. J. R. No. 58.

Relative to an Amendment of the Constitution of the United

States.

Whereas, The General Assembly has received oflficial
notification of the passage by both Houses of the Thirty-
ninth Congress of the United States, at its first session, of
the following proposition to amend the Constitution of the
United States, by a constitutional majority of two-thirds
thereof, in the words following, to wit:

** ydnt Resolution proposing an amendment to the Constitution
of the United States.

Be it resolved by the Senate and House of Representatives
of the United States of America, in Congress assembled, {two-
thirds of both houses concurring^ That the following article
be proposed to the Legislatures of the several States as an
amendment to the Constitution of the United States, which,
when ratified by three-fourths of said Legislatures, shall be
valid as a part of the Constitution, namely:

ARTICLE XIV.

Section i. All persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are citizens of
the United States, and of the State wherein they reside. No
State shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States, nor
shall any State deprive any person of life, liberty or prop-
erty, without due process of law, nor deny to any person
within its jurisdiction the equal protection of the laws.

Section 2. Representatives shall be apportioned among
the several States according to their respective numbers,

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677

counting the whole number of persons in each State, exclud-
ing Indians not taxed. But when the right to vote at any
election for the choice of Electors for President and Vice
President of the United States, Representatives in Congress,
the Executive and Judicial officers of a State, or the Mem-
bers of the Legislature thereof, is denied to any of the male
inhabitants of such State, being twenty-one years of age and
citizens of the United States, or in any way abridged, except
for participation in rebellion, or other crime, the basis of rep-
resentation therein shall be reduced in the proportion which
the number of such male citizens shall bear to the whole
number of male citizens, twenty-one years of age in such
State.

Section 3. No person shall be a Senator or Representa-
tive in Congress, or elector of President or Vice President,
or hold any office, civil or military, under the United States,
or under any State, who having previously taken an oath as
a Member of Congress, or as an officer of the United States,
or as a member of any State Legislature, or as an Executive
or Judicial officer of any State, to support the Constitution
of the United States, shall have engaged in insurrection or
rebellion against the same, or given aid or comfort to the
enemies thereof But Congress may, by a vote of two-thirds
of each house, remove such disability.

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678

or emancipation of any slave; but all such debts, obligations
and claims shall be held illegal and void.

Section 5. The Congress shall have power to enforce,
by appropriate legislation, the provisions of this article."

And, Whereas, Three-fourths of the Legislatures of the
States composing the United States are required to give
assent to the said proposed amendment to the Constitution
of the United States, before it becomes a part thereof; there-
fore.

Resolved, by the General Assembly of the State of Ohio^
That we hereby ratify, on behalf of the State of Ohio, the
above recited proposed amendment to the Constitution of
the United States.

Resolved, That certified copies of the foregoing preamble

and resolution be forwarded by the Governor of Ohio, to the

President of the United States, to the Presiding officer of the

United States Senate, and the Speaker of the United States

House of Representatives.

Ed. a. Parrott,

Speaker of the House of Representatives.

Andrew G. McBurney,

President of the Senate,
Adopted January 11, 1867.

United States of America, Ohio,
secretary of state's office

iio,|

I. WILLIAM HENRY SMITH, Secretary of State of
the State of Ohio, do hereby certify that the annexed is a
true copy of a Joint Resolution of the General Assembly of
the State of Ohio, ** Relative to an amendment of the Consti-

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679

tution of the United States," passed January nth, 1867, ^ts

taken from the original rolls on file in this office.

In Testimony Whereof, I have hereunto subscribed

my name and affixed the Great Seal of the State

*- '-^ of Ohio, at Columbus, the 15th day of January,

A. D. 1867.

W^ Henry Smith

Secretary of State.

S. J. R. No. 58.

Relative to an Amendment of the Constitution of the United

States.
Whereas, The General Assembly has received official no-
tification of the passage by both Houses of the Thirty-ninth
Congress of the United States, at its first session, of the fol-
lowing proposition to amend the Constitution of the United
States, by a constitutional majority of two-thirds thereof, in
the words following, to wit :

** Joint Resolution proposing an amendment to the Constitution
of the United States.

Be it resolved by the Senate and House of Representatives
of the United States of America, in Congress assembled, {two-
thirds of both houses concurring,) That the following article
be proposed to the Legislatures of the several States as an
amendment to the Constitution of the United States, which,
when ratified by three-fourths of said Legislatures, shall be
valid as a part of the Constitution, namely :

ARTICLE XIV.
Section i. All persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are citizens of
the United States, and of the State wherein they reside. No

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68o

State shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States, nor
shall any State deprive any person of life, liberty or prop-
erty, without due process of law, nor deny to any person
within its jurisdiction the equal protection of the laws.

Section 2. Representatives shall be apportioned among
the several States according to their respective numbers,
counting the whole number of persons in each State, exclud-
ing Indians not taxed. But when the right to vote at any elec-
tion for the choice of Electors for President and Vice Presi-
dent of the United States, Representatives in Congress, the
Executive and Judicial officers of a State, or the Members of
the Legislature thereof, is denied to any of the male inhabit-
ants of such State, being twenty-one years of age and citi-
zens of the United States, or in any way abridged, except for
participation in rebellion, or other crime, the basis of repre-
sentation therein shall be reduced in the proportion which
the number of such male citizens shall bear to the whole
number of male citizens, twenty-one years of age in such
State.

Section 3. No person shall be a Senator or Representa-
tive in Congress, or elector of President or Vice President,
or hold any office, civil or military, under the United States,
or under any State, who having previously taken an oath as
a Member of Congress, or as an officer of the United States,
or as a member of any State Legislature, or as an Executive
or Judicial officer of any State, to support the Constitution
of the United States, shall have engaged in insurrection or
rebellion against the same, or given aid or comfort to the
enemies thereof. But Congress may, by a vote of two-thirds
of each house, remove such disability.

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68 1

Section 4. The validity of the public debt of the United
States, authorized by law, including debts incurred for pay-
ment of pensions and bounties for services in suppressing in-
surrection or rebellion, shall not be questioned. But neither
the United States, nor any State, shall assume or pay any
debt or obligation incurred in aid of insurrection or rebellion
against the United States, or any claim for the loss or eman-
cipation of any slave ; but all such debts, obligations and
claims shall be held illegal and void.

Section 5. The Congress shall have power to enforce,
by appropriate legislation, the provisions of this article."

Resolved, by the General Assembly of the State of Ohio,
That we hereby ratify, on behalf of the State of Ohio, the
above recited proposed amendment to the Constitution of
the United States.

Resolved, That certified copies of the foregoing preamble
and resolution be forwarded by the Governor of Ohio, to the
President of the United States, to the Presiding officer of
the United States Senate, and the Speaker of the United
States House of Representatives.

Ed. a. Parrott,
Speaker of the House of Representatives.
Andrew G. McBurney,

President of the Senate.

Adopted January 11, 1867.

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682

State of Ohio

Executive Department.

Columbus, Jany 17 1867,
Sir:

I have the honor to transmit herewith, an attested copy of
a resolution of the General Assembly of this State, ratifying
the Amendment to the Constitution of the United States,
proposed as a Fourteenth Article by Congress at its last ses-
sion.

Very respectfully,

Your obedient servant,

J. D. Cox.

Governor
Hon Andrew Johnson

Pres* United States.

United States of America, Ohio,")

SECRETARY OF STATE's OFFICE. j

I. WILLIAM HENRY SMITH, Secretary of State of the
State of Ohio, do hereby certify that the annexed is a true
copy of a Joint Resolution of the General Assembly of the
State of Ohio, *' Relative to an amendment of the Constitu-
tion of the United States,'' passed January nth, 1867, as
taken from the original rolls on file in this office.

In Testimony Whereof, I have hereunto subscribed

my name and affixed the Great Seal of the State

L' 'J of Ohio, at Columbus, the 15th day of January,

A. D. 1867.

W^ Henry Smith

Secretary of State.

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683

S. J. R. No. 58.

Relative to an Amendment of the Constitution of the United

•States.
Whereas, The General Assembly has received official
notification of the passage by both Houses of the Thirty-
ninth Congress of the United States, at its first session, of
the following proposition to amend the Constitution of the
United States, by a constitutional majority of two-thirds
thereof, in the words following, to wit :

''ycnnt Resolution proposing an amendment to the Constitution
of the United States.

ARTICLE XIV.

Section i. All persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are citizens of
the United States, and of the State wherein they reside. No
State shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States, nor
shall any State deprive any person of life, liberty or prop-
erty, without due process of law, nor deny to any person
within its jurisdiction the equal protection of the laws.

Section 2. Representatives shall be apportioned among
the several States according to their respective numbers,
counting the whole number of persons in each State, exclud-

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684

ing Indians not taxed. But when the right to vote at any
election for the choice of Electors for President and Vice
President of the United States, Representatives in Congress,
the Executive and Judicial officers of a State, or the Mem-
bers of the Legislature thereof, is denied to any of the male
inhabitants of such State, being twenty-one years of age and
citizens of the United States, or in any way abridged, except
for participation in rebellion, or other crime, the basis of rep-
resentation therein shall be reduced in the proportion which
the number of such male citizens shall bear to the whole num-
ber of male citizens, twenty-one years of age in such State.

Section 3. No person shall be a Senator or Representa-
tive in Congress, or elector of President or Vice President,
or hold any office, civil or military, under the United States,
or under any State, who having previously taken an oath as
a Member of Congress, or as an officer of the United States,
or as a member of any State Legislature, or as an Executive
or Judicial officer of any State, to support the Constitution
of the United States, shall have engaged in insurrection or
rebellion against the same, or given aid or comfort to the
enemies thereof. But Congress may, by a vote of two-thirds
of each house, remove such disability.

Section 4. The validity of the public debt of the United
States, authorized by law, including debts incurred for pay-
ment of pensions and bounties for services in suppressing
insurrection or rebellion, shall not be questioned. But
neither the United States, nor any State, shall assume or pay
any debt or obligation incurred in aid of insurrection or re-
bellion against the United States, or any claim for the loss or
emancipation of any slave ; but all such debts, obligations and
claims shall be held illegal and void.

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685

Section 5. The Congress shall have power to enforce, by
appropriate legislation, the provisions of this article.'*

And, Whereas, Three-fourths of the Legislatures of the
States composing the United States are required to give as-
sent to the said proposed amendment to the Constitution of
the United States, before it becomes a part thereof; there-
fore.

Resolved, by the General Assembly of the State of Ohio,
That we hereby ratify, on behalf of the State of Ohio, the
above recited proposed amendment to the Constitution of
the United States.

Resolved, That certified copies of the foregoing preamble
and resolution be forwarded by the Governor of Ohio, to the
President of the United States, to the Presiding officer of the
United States Senate, and the Speaker of the United States

House of Representatives.

Ed. a. Parrott,
Speaker of the House of Representatives.
Andrew G. McBurney,

President of the Senate.
Adopted January 11, 1867.

[wrapper.]
Executive.

Feb 12* 1867

Case of Cox. J. D. Gov. of Ohio
Encloses resolution of Gen Assembly, ratifying the Con-
stitutional Amendment

Respectfully referred to the Hon. the Secretary of State

By order of the President,

R Morrow

Assistant Secretary.

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686

State of Ohio

Executive Department.

Columbus, Jany 17 1867
Sir:

I have the honor to transmit herewith, an attested copy of

a resolution of the General Assembly of this State, ratifying

the Amendment to the Constitution of the United States,

proposed as a Fourteenth Article by Congress at its last

session.

Very respectfully,

Your obedient servant,

J. D. Cox.

Governor
Hon Henry Stanbery

Atty Genl

Washington D. C

io,|

^. 3

United States of America, Ohio,

SECRETARY OF STATE's OFFICE.

I, WILLIAM HENRY SMITH, Secretary of State of
the State of Ohio, do hereby certify that the annexed is a
true copy of a Joint Resolution of the General Assembly of
the State of Ohio, ** Relative to an amendment of the Con-
stitution of the United States,*' passed January nth, 1867,
as taken from the original rolls on file in this office.

In Testimony Whereof, I have hereunto subscribed
my name and affixed the Great Seal of the State
of Ohio, at Columbus, the 15th day of January,

A. D. 1867.

W^ Henry Smith

Secretary of State.

[seal.]

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687

S. J. R. No. 58.

Relative to an Amendment of the Constitution of the United

States.

Whereas, The General Assembly has received official
notification of the passage by both Houses of the Thirty-ninth
Congress of the United States, at its first session, of the fol-
lowing proposition to amend the Constitution of the United
States, by a constitutional majority of two-thirds thereof, in
the words following, to wit :

''Joint Resolution proposing an amendment to the Constitution
of the United States.

Be it resolved by the Senate and House of Representatives
of the United States of America^ in Congress assembled, {two-
thirds of both houses concurring,) That the following article
be proposed to the Legislatures of the several States as an
amendment to the Constitution of the United States, which,
when ratified by three-fourths of said Legislatures, shall be
valid as a part of the Constitution, namely :

ARTICLE XIV.

Section i. All persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are citizens of
the United States, and of the State wherein they reside. No
State shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States, nor
shall any State deprive any person of life, liberty or prop-
erty, without due process of law, nor deny to any person
within its jurisdiction the equal protection of the laws.

Section 2. Representatives shall be apportioned among
the several States according to their respective numbers,

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688

counting the whole number of persons in each State, ex-
cluding Indians not taxed. But when the right to vote at
any election for the choice of Electors for President and Vice
President of the United States, Representatives in Congress,
the Executive and Judicial officers of a State, or the Mem-
bers of the Legislature thereof, is denied to any of the male
inhabitants of such State, being twenty-one years of age and
citizens of the United States, or in any way abridged, except
for participation in rebellion, or other crime, the basis of rep-
resentation therein shall be reduced in the proportion Avhich
the number of such male citizens shall bear to the whole
number of male citizens, twenty-one years of age in such
State.

Section 3. No person shall be a Senator or Representa-
tive in Congress, or elector of President or Vice President,
or hold any office, civil or military, under the United States,
or under any State, who having previously taken an oath as
a Member of Congress, or as an officer of the United States,
or as a member of any State Legislature, or as an Executive
or Judicial officer of any State, to support the Constitution
of the United States, shall have engaged in insurrection or
rebellion against the same, or given aid or comfort to the
enemies thereof. But Congress may, by a vote of two-thirds
of each house, remove such disability.

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689

pation of any slave ; but all such debts, obligations and claims
shall be held illegal and void.

Section 5. The Congress shall have power to enforce,
by appropriate legislation, the provisions of this article."

Resolved, by the General Assembly of the State of Ohio,
That we hereby ratify, on behalf of the State of Ohio, the
above recited proposed amendment to the Constitution of
the United States.

Resolved, That certified copies of the foregoing preamble

and resolution be forwarded by the Governor of Ohio, to the

President of the United States, to the Presiding officer of

the United States Senate, and the Speaker of the United

States House of Representatives.

Ed. a. Parrott,

Speaker of the House of Representatives.

Andrew G. McBurney,

President of the Senate.
Adopted January 11, 1867.
4 AP 24.

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State of Illinois,

Executive Department.

Springfield Feby 6* 1867
Hon W"* H Seward

Secretary of State

Washington D C
Sir:

I have the honor to transmit herewith an attested copy of

the joint resolution passed by the General Assembly of the

State of Illinois ratifying and assenting to the adoption of a

Fourteenth Article to the Constitution of the United States

Very Respectfully

Your Obedient Servant

R J Oglesby

Governor of Illinois

Whereas, The Congress of the United States has pro-
posed to the several States the following amendment to the
Federal Constitution viz :

** Article xiv.

a5 ** Section i. All persons born or naturalized in the

^ g United States, and subject to the jurisdiction thereof, are

^ ^ citizens of the United States and of the State wherein they

% ^ reside. No State shall make or enforce any law which shall

. >. abridge the privileges or immunities of citizens of the United

. § States ; nor shall any State deprive any person of life, lib-

V erty, or property, without due process of law, nor deny to

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any person within its jurisdiction the equal protection of the
laws.

** Section 2. Representatives shall be apportioned among
the several States according to their respective numbers,
counting the whole number of persons in each State, exclud-
ing Indians not taxed. But when the right to vote at any
election for the choice of electors for President and Vice
President of the United-States, Representatives in Congress,
the executive and judicial officers of a State, or the members
of the Legislature thereof, is denied to any of the male in-
habitants of such State, being twenty-one years of age, and
citizens of the United States, or in any way abridged, except
for participation in rebellion or other crime, the basis of rep-
resentation therein shall be reduced in the proportion which
the number of such male citizens shall bear to the whole
number of male citizens twenty-one years of age in such
State.

*' Section 3. No person shall be a Senator or Represent-

^ ative in Congress, or elector of President and Vice Presi-

.^ dent, or hold any office, civil or military, under the United

c States, or under any State, who, having previously taken an

V oath, as a member of Congress, or as an officer of the

^ United States, or as a member of any State Legislature, or

*^ as an executive or judicial officer of any State, to support

S) the Constitution of the United States, shall have engaged in

^ ^ insurrection or rebellion against the same, or given aid or

5 ^ comfort to the enemies thereof. But Congress may, by a

. *3 vote of two thirds of each House, remove such disability.

^ 'u ** Section 4. The validity of the public debt of the United

= U States, authorized by law, including debts incurred for pay-

^ ment of pensions and bounties for services in suppressing

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insurrection or rebellion, shall not be questioned- But
neither the United States nor any State shall assume or pay
any debt or obligation incurred in aid of insurrection or re-
bellion against the United States, or any claim for the loss or
emancipation of any slave ; but all such debts, obligations,
and claims shall be held illegal and void.

** Section 5. The Congress shall have power to enforce,
by appropriate legislation the provisions of this article/'

Therefore; Be it Resolved by the Senate, the House of
Representatives concurring herein,

That the State of Illinois by its Legislature ratifies and
assents to said amendment.

W^ Bross

Speaker of the Senate.
Franklin Corwin

Speaker of the House.

Approved January 15th A. D. 1867

Richard J Oglesby

Governor.

United States of America,)

yss.
State of Illinois. )

I, Sharon Tyndale, Secretary of State of the
State of Illinois, do hereby certify that the forego-
ing is a true copy of the Joint Resolution adopted

^ by the General Assembly of the State of Illinois,
[seal.]

and now on file in my office. In witness whereof
I have hereunto set my hand, and affixed the Great
Seal of State, at the City of Springfield, this Fif-
teenth day of January A. D. 1867.

Sharon Tyndale

Secretary of State.

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The State of West Virginia,

Executive Department.

Wheeling, January 22** 1867
Hon Wm. H. Seward,

Secretary of State

Washington city, D. C.
Sir:

I have the honor to transmit herewith, for the information
of your Department, an authenticated copy of a Resolution
adopted by the Legislature of this State, ratifying the
Amendment proposing a Fourteenth Article to the Consti-
tution of the United States ; and to remain,
Sir, with great respect,

Your very obedient Servant

A. I. BOREMAN

Governor

No 2. Joint Resolution ratifying the Amendment proposing
a XlVth Article to the Constitution of the United States.

Whereas, the Senate and House of Representatives of
the United States of America in Congress assembled, by a
concurrent vote of two-thirds of both Houses, has proposed
to the Legislatures of the several States the following
amendment to the Constitution of the United States, to be
classified as Article fourteen of said Amendments, namely :

-Article XIV.

** Section i. All persons born or naturalized in the

United States, and subject to the jurisdiction thereof, are citi-
es

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694

zens of the United States and of the State wherein they
reside. No State shall make or enforce any law w^hich shall
abridge the privileges or immunities of citizens of the United
States ; nor shall any State deprive any person of life, lib-
erty or property, without due process of law, nor deny to
any person within its jurisdiction the equal protection of the
laws.

'* Section 2. Representatives shall be apportioned among
the several States according to their respective numbers,
counting the whole number of persons in each State, exclud-
ing Indians not taxed. But when the right to vote at any
election for the choice of electors for President and Vice
President of the United States, Representatives in Congress,
the executive and judicial officers of a State, or the members
of the Legislature thereof, is denied to any of the male
inhabitants of such State, being twenty-one years of age and
citizens of the Utiited States, or in any way abridged, except
for participation in rebellion or other crime, the basis of rep-
resentation therein shall be reduced, in the proportion which
the number of such male citizens shall bear to the whole
number of male citizens twenty-one years of age in such
State.

** Section 3. No person shall be a Senator or Represent-
ative in Congress, or elector for President or Vice Presi-
dent, or hold any office, civil or military, under the United
States, or under any State, who having previously taken an
oath as a member of Congress, or as an officer of the United
States, or as a member of any State Legislature, or as an
executive or judicial officer of any State, to support the Con-
stitution of the United States, shall have engaged in rebel-
lion or insurrection or rebellion against the same, or given

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aid or comfort to the enemies thereof. But Congress may,
by a vote of two-thirds of each House, remove such disa-
bility.

** Section 4. The validity of the public debt of the United
States, authorized by law, including debts incurred for pay-
ment of pensions for services in suppressing insurrection or
rebellion, shall not be questioned. But neither the United
States nor any State shall assume or pay any debt or obliga-
tion incurred in aid of insurrection or rebellion against the
United States, or any claim for the loss or emancipation of
any slave ; but all such debts, obligations and claims shall be
held illegal and void.

** Section 5. The Congress shall have power to enforce,
by appropriate legislation, the provisions of this Article."

Resolved by the Legislature of West Virginia, That the
said proposed Amendment is hereby ratified.

Adopted, January 16, 1867.

State of West Virginia

Clerk's Office, House of Delegates : ss :

I, William P. Hubbard, Clerk of the House of Delegates
and Keeper of the Rolls of said State, certify that the fore-
going is a faithful transcript from the records of this office.
Given under my hand, this 21st day of January A D 1867.

William P. Hubbard
Clerk House of Delegates and
Keeper of the Rolls.

State of West Virginia,
Office Secretary of the State, ss :

I, Granville D Hall, Secretary of the State aforesaid,
certify that William P. Hubbard, whose name is subscribed

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to the foregoing certificate, is Clerk of the House of Dele-
gates and Keeper of the Rolls of this State, duly elected and
qualified as such, authorized to certify copies from the record
of the acts of the Legislature And I further certify that
his signature to said certificate is genuine.

In Testimony Whereof, I hereunto set my

hand and affix the Great Seal of the

[seal appendant.] said State, at my said Office in the City

of Wheeling, this 21st day of January

A. D., 1867.

Granville D. Hall

Secretary of the State.

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STATE OF KANSAS, EXECUTIVE OFFICE

Topeka, Jan iS*** 1867.
Hon W. H. Seward

Sec of State

Washington D. C.
Sir

I have the honor herewith to transmit ** Joint resolution

ratifying the Amendment to the Constitution of the United

States. It passed the Senate by a unanimous vote, every

member in his seat. It passed the House 76 to 7.

I have the honor to remain very respectfully

' Your Most Obedient Servant

S. J. Crawford

Governor of Kansas

Joint Resolution No. i.

Joint Resolution ratifying the Amendment to the Constitu-
tion of the United States, proposed by the Congress of the
United States and known as ** Article 14."
Be it resolved by the Legislature of the State of Kansas,
that the following amendment to the Constitution of the
United States, proposed for ratification by the Congress of
the United States, and known and designated as Article 14
and which is in the words and figures as follows to wit:
Article 14. Section i.
All persons born or naturalized in the United States, and

subject to the jurisdiction thereof are citizens of the United

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States and of the State wherein they reside. No State shall
make or enforce any law which shall abridge the privileges
or immunities of citizens of the United States, nor shall any
State deprive any person of life, liberty or property without
due process of law, nor deny to any person within its juris-
diction the equal protection of the laws.

Section. 2. Representatives shall be apportioned among- the
several States according to their respective numbers, count-
ing the whole number of persons in each State, excluding
Indians not taxed, but when the right to vote at any election,
for the choice of electors for President and Vice President of
the United States, representatives in Congress, the executive
and judicial officers of a State, or the members of the legisla-
ture thereof, is denied to any of the male inhabitants of such
State, being twenty one years of age, and citizens of the
United States, or in any way abridge, except for participa-
tion in rebellion or other crime, the basis of representation
therein shall be reduced in the proportion, which the number
of such male citizens shall bear to the whole number of male
citizens twenty-one years of age in such state.
Section 3. No person shall be a senator or representative in
Congress, or elector of President and Vice President, or
hold any office civil or military, under the United States
or under any State, who having previously taken an oath, as
a member of Congress, or as an officer of the United States,
or as a member of any State legislature, or as an execu-
tive or judicial officer of any State, to support the Constitu-
tion of the United States shall have engaged in insurrection
or rebellion against the same, or given, aid or comfort to
the enemies thereof, but Congress may by a vote of two-
thirds of each house remove such disability.

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699

Section 4. The validity of the public debt of the United
States, authorized by law, including debts, incurred for pay-
ment of pensions and bounties for services in suppressing
insurrection or rebellion shall not be questioned, but neither
the United States, nor any State shall assume or pay any
debt or obligation incurred in aid of insurrection or rebellion
against the United States or any claim for the loss or eman-
cipation of any slave ; but all such debts, obligations and
claims shall be held illegal and void.

Section 5. The Congress shall have power to enforce, by ap-
propriate legislation, the provisions of this article be and the
same is hereby ratified and confirmed. And be it further
resolved, that the Governor of this State be and he is hereby
requested to forward to the Secretary of State of the United
States, a certified copy hereof under the great Seal of the State.

I hereby certify that the above Joint Resolution originated

in the House on the loth. day of January A. D. 1867. and

passed that body on the nth. day of January A. D 1867.

P. B. Plumb

Speaker of the H. of Repts.
John S. Morton

Chief Clerk

House of Representatives

Passed the Senate on the 17th. day of Jan. A. D. 1867

N. Green

President of Senate

Alex. R. Banks

Secretary of Senate

Approved Jan. i8th. 1867

S. J. Crawford

Governor.

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I R. A. Barker Secretary of State do hereby certify that the

foregoing is a true and correct copy of the original Joint

Resolution on file in this office.

In testimony whereof I have subscribed my name, and

affixed the Great seal of the State at Topeka this i8th. day

of January A. D. 1867.

R. A. Barker

l^^^^'^ Secretary of State

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State of Maine.

Office of Secretary of State.

Augusta, January i6 1868.

To the Honorable Wm. H. Seward.

Secretary of State

Washington D. C.
Sir: —

The attested copy of an Act of the Forty-sixth Legisla-
ture of this State, ratifying the amendment to the Constitu-
tion of the United States, proposed as a Fourteenth Article
by Congress, heretofore forwarded by my predecessor in
office having, (as I am apprised by a communication from
Hon F. A. Pike M. C. of this State), failed to reach the State
Department, I have the honor to transmit herewith a dupli-
cate thereof, duly attested under the Seal of the State —
Very Respectfully,

Your Obedient Servant,

Franklin M. Drew.

Secretary of State.

STATE OF MAINE.

IN THE YEAR OF OUR LORD ONE THOUSAND EIGHT HUNDRED

AND SIXTY-SEVEN.

An Act to ratify an amendment of the Constitution of the

United States, proposed to the legislatures of the several

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states, by a resolution adopted at the first session of the
thirty-ninth congress, in the year of our Lord one thou-
sand eight hundred and sixty-six.

Whereas, at the first session of the thirty-ninth congress
of the United States of America, held at Washington in the
District of Columbia, in the year of our Lord one thousand
eight hundred and sixty-six, it was resolved as follows, viz:
Be it resolved by the Senate and House of Representa-
tives of the United States of America in Congress assembled
(two-thirds of both houses concurring). That the following
article be proposed to the legislatures of the several states
as an amendment to the Constitution of the United States,
which, when ratified by three-fourths of said legislatures,
shall be valid as a part of the Constitution, namely:

ARTICLE XIV.

Section i. All persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are citizens of
the United States and of the state wherein they reside. No
state shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States ; nor
shall any state deprive any person of life, liberty or prop-
erty, without due process of law, nor deny to any person
within its jurisdiction the equal protection of the laws.

Section 2. Representatives shall be apportioned among
the several states according to their respective numbers,
counting the whole number of persons in each state, exclud-
ing Indians not taxed. But when the right to vote at any
election for the choice of electors for president and vice
president of the United States, representatives in congress,
the executive and judicial officers of a state, or the mem-

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bers of the legislature thereof, is denied to any of the male
inhabitants of such state, being twenty-one years of age, and
citizens of the United States, or in any way abridged except
for participation in rebellion or other crime, the basis of
representation therein shall be reduced in the proportion
which the number of such male citizens shall bear to the
whole number of male citizens twenty-one years of age in
such state.

Section 3. No person shall be a senator or representa-
tive in congress, or elector of president and vice president,
or hold any office, civil or military, under the United States,
or under any state, who, having previously taken an oath as
a member of congress, or as an officer of the United States,
or as a member of any state legislature, or as an execu-
tive or judicial officer of any state, to support the Constitu-
tion of the United States, shall have engaged in insurrection
or rebellion against the same, or given aid or comfort to
the enemies thereof. But congress may, by a vote of two-
thirds of each house, remove such disability.

Section 4. The validity of the public debt of the United
States, authorized by law, including debts incurred for pay-
ment of pensions and bounties for services in suppressing
insurrection or rebellion, shall not be questioned. But
neither the United States nor any state shall assume or
pay any debt or obligation incurred in aid of insurrection
or rebellion against the United States, or any claim for the
loss or emancipation of any slave; but all such debts, obliga-
tions and claims shall be held illegal and void.

Section 5. The congress shall have power to enforce, by
appropriate legislation, the provisions of this article.

Be it therefore enacted by the Senate and House of Rep-

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resentatives of the State of Maine in Legislature assembled,
as follows, viz:

Section i. That the said proposed amendment be and
the same is hereby ratified on behalf of the State of Maine.

Section 2. This act shall take effect on its approval by
the governor.

In the House of Representatives, January 17 1867.

This bill having had three several readings, passed to be

enacted.

Lewis Barker Speaker.

In Senate, January 19 1867.

This bill having had two several readings, passed to be

enacted.

N. A. Burpee President

January 19 1867.
Approved.

J. L. Chamberlain Governor.

State of Maine
Office of Secretary of State.
I, Ephraim Flint, Secretary of State of the State of Maine,
do hereby certify, that the foregoing is a true copy of an Act
passed by the Forty-sixth Legislature of this State ratifying
an amendment to the Constitution of the United States,
passed and approved January 19, A. D. 1867. as taken from
the original deposited in this office.

In Testimony Whereof I have hereunto set my hand
and affixed the Seal of the State, at Augusta, this
Twenty-first day of January in the year of our Lord
one thousand eight hundred and sixty-seven and of
the Independence of the United States, the ninety-
first

Ephraim Flint

Secretary of State.

[seal.]

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Assembly Joint Resolution.
Whereas, The Congress of the United States has adopted
by a two thirds vote the subjoined:

** Be it Resolved, by the Senate and House of Representatives
*'of the United States of America in Congress assembled,
*' (two thirds of both Houses concurring,) that the following
''article be proposed to the Legislatures of the several States
**as an amendment to the Constitution of the United States,
** which, when ratified by three fourths of said Legislatures
** shall be valid as part of the Constitution, namely :

'* Article Fourteenth.

** Section One. All persons born or naturalized in the United

'* States, and subject to the jurisdiction thereof, are citizens

**of the United States and of the State wherein they reside.

**No State shall make or enforce any law which shall abridge

**the privileges or immunities of Citizens of the United

** States ; nor shall any State deprive any person of life lib-

**erty or property without due process of law, nor deny to

**any person within its jurisdiction, the equal protection of

**the laws.

"Section Two. Representatives shall be apportioned among

**the several states according to their respective numbers,

''counting the whole number of persons in each state, exclud-

*'ing Indians not taxed. But when the right to vote at any

** election for the choice of Electors for President and Vice

** President of the United States, Representatives in Con-
4 AP 25. 70s

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**gress, the Executive and Judicial officers of a state, or the
** members of the Legislature thereof, is denied to any of the
**male inhabitants of such state, being twenty one years of
**age, and being citizens of the United States, or in any way
** abridged, except for participation in rebellion or other
** crime, the basis of representation therein, shall be reduced
**in the proportion which the number of such male citizens
** shall bear to the whole number of male citizens twenty one
'* years of age in such state.

** Section Three. No person shall be a Senator or Repre-
**sentative in Congress or Elector of President or Vice Pres-
*'ident, or hold any office civil or military, under the United
'* States or under any State, who having previously taken an
**oath as a Member of Congress, or as an officer of the
** United States, or as a member of any state legislature, or
**as an Executive or Judicial Officer of any state, to sup-
**port the Constitution of the United States, shall have en-
'* gaged in insurrection or rebellion against the same, or given
"aid or comfort to the enemies thereof But Congress
**may, by a vote of two-thirds of each House, remove such
** disability.

** Section Four. The validity of the Public Debt of the United
** States, authorized by law including debts incurred for pay-
**ment of pensions and bounties for services in suppressing
** insurrection or rebellion, shall not be questioned. But
*' neither the United States, nor any state shall assume or pay
*'any debt or obligation incurred in aid of insurrection or
** rebellion against the United States, or any claim for the
**loss or emancipation of any slave ; but all such debts, obli-
**gations or claims shall be held illegal and void.
** Section Five. Congress shall have power to enforce by ap-

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**propriate legislation, the provisions of this article/' Now
therefore,

Be it Resolved ; conjointly, by the Senate and Assembly of
**the state of Nevada, that the Legislature of the state of
** Nevada does hereby ratify and confirm the amendment to
**the Constitution of the United States of America, as pro-
** posed to be made by Article Fourteen Sections one, two,
** three, four and five of Constitutional Amendments.
R. D. Ferguson, A. Whitford,

Speaker of the Assembly. Clerk of the Assembly.

James S. Slingerland, B. C. Brown,

President of the Senate. Secretary of the Senate.

Assembly Joint Resolution No 2 Relating to Constitutional
Amendments.

Passed the Assembly January 11'** 1867. Ayes 34 Nay 4.

A. Whitford.
Clerk of the Assembly.
Passed the Senate January 22** 1867. Ayes 12, Nays 3.

B. C. Brown.
Secretary of the Senate.

State of Nevada )
Secretary's Office)

I C N Noteware, Secretary of State of the State of Ne-
vada, do hereby certify, that the foregoing is a true copy
of the original Joint Resolution, passed by the Legislature of
said state, ratifying Article XIV, a proposed Amendment to
the Constitution of the United States; submitted by Con-
gress on the 16* day of June A D 1866, to the Legislatures
of the several States, Which original Joint Resolution is now
on file in my office.

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[seal.]

708

Witness my hand and the Great Seal of State
hereto affixed. — Done at Carson City this the
24* day of January A D 1867

C N NOTEWARE

Secretary of State.
[wrapper.]

Executive.

Feb 26* 1867

Case of Noteware C N Sec. State Nevada Territory

Transmits the Ratification of the Constitutional Amendment

Respectfully referred to the Hon. the Secretary of State

By order of the President,

R Morrow

Assist priv Secretary.

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State of Missouri

Office of Secretary of State.

City of Jefferson January 25'*" 1867

Hon. Wm. H. Seward

Secretary of State

Washington D. C. —
Sir:

Enclosed I have the honor to transmit to your office a
certified copy of a Joint Resolution passed by the Senate
and House of the 24 General Assembly of this State rati-
fying the constitutional amendment. — Please cause the re-
ceipt thereof to be acknowledged.
I am, Sir, Very respectfully

Your obed' serv\

Francis Rodman

Secretary of State

Office of Secretary of State,

City of Jefferson, Missouri.
I, FRANCIS RODMAN, Secretary of the State of Mis-
souri, hereby certify, that the annexed pages contain a
true, complete and full copy of a joint resolution of the
General Assembly of the State of Missouri, entitled:

** Joint Resolution ratifying the Constitutional Amend-
ment proposed, by Congress as appears by comparing the

709

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same with the original roll of said resolution now on file, as
the law directs, in this office.

In Testimony Whereof, I have hereunto set my
hand and affixed my official seal: Done at

[OTJ« AT I

'-» office, this twenty-sixth day of January A. D.

Eighteen Hundred and sixty-seven.

Francis Rodman

Secretary of State.

Joint Resolution ratifying the Constitutional Amendment
proposed by Congress:

Whereas Congress by its act of the 16'*' day of June 1866
proposed to the Legislatures of the several states, by way of
amendment, a XIV Article to the Constitution of the United
States, and whereas the people of Missouri in the election of
the present General Assembly have indicated their approval
of said amendment and whereas the measure is in itself
eminently just and proper and greatly tends to a settlement
of the issues growing out of the late rebellion. Be it re-
solved by the General Assembly of the State of Missouri
that the proposed amendment, in words following viz: Art.
XIV. Sec. I. — All persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are citizens of
the United States, and of the State wherein they reside. No
State shall make or enforce any law which shall abridge the
priveleges or immunities of citizens of the United States ; nor
shall any State deprive any person of life, liberty, or prop-
erty, without due process of law, nor deny to any person
within its jurisdiction the equal protection of the laws. Sec.
2. — Representatives shall be apportioned among the several
States according to their respective numbers, counting the

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whole number of persons in each State, excluding Indians not
taxed. But when the right to vote at any election for the
choice of electors for President and Vice President of the
United States, representatives in Congress the executive and
Judicial officers of a State or the members of the legislature
thereof, is denied to any of the male inhabitants of such
State, being twenty one years of age, and citizens of the
United States, or in any way abridged except for participa-
tion in rebellion or other crime, the basis of representation
therein shall be reduced in the proportion, which the number
of such male citizens shall bear to the whole number of male
citizens twenty-one years of age in such State. Sec. 3. — No
person shall be a Senator or representative in Congress, or
elector of President and Vice President, or hold any office,
civil or military, under the United States, or under any State,
who having previously taken an oath, as a member of Con-
gress, or as an officer of the United States or as a member
of any State legislature or as an executive or judicial officer
of any State, to support the Constitution of the United States,
shall have engaged in insurrection or rebellion against the
same, or given aid or comfort to the enemies thereof. But
Congress may by a vote of two-thirds of each House remove
such disability. Sec. 4: — The validity of the public debt of
the United States, authorized by law, including debts in-
curred for payment of pensions, and bounties for services in
suppressing insurrection or rebellion, shall not be questioned.
But neither the United States nor any State shall assume or
pay any debt or obligation incurred in aid of insurrection or
rebellion against the United States ; or any claim for the loss
or emancipation of any slave; but all such debts, obligations
and claims shall be held illegal and void. Sec. 5. — The Con-

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gress shall have power to enforce by appropriate legislation,

the provisions of this article: — Be and the same is hereby

approved and ratified

Geo. Smith

President of the Senate.

A. J. Harlan

Speaker of the House of Representatives

Originated in the Senate.

D. P. Dyer

Secretary of the Senate

I hereby certify that the above Bill is correctly enrolled

Jno. H. Ellis

Chairman of the Committee on Enrolled Bills

M. L. Laughlin

Chairman of the Committee of the House

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State of Indiana

Executive Department.

Indianapolis, February 4* 1867
Hon. Wm. H. Seward,

Secretary of State of the United States,

Washington City,
Sir:

I have the honor to transmit herewith a Copy of the Joint
Resolution passed by the General Assembly of the State of
Indiana accepting and ratifying Certain Amendments to the
Constitution of the United States proposed by Congress to
the Legislatures of the several States, and to respectfully
request that you cause the receipt of the same to be acknowl-
edged.

I have the honor to be

Very Respectfully,

Your Obedient Servant

Conrad Baker
Lieutenant Governor of Indiana

Acting as Governor.

Joint Resolution

ENROLLED [-ACT" stricken out] No. One,, SENATE

OF INDIANA.

A Joint Resolution, accepting and ratifying certain

Amendments to the Constitution of the United States,

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proposed by Congress to the Legislatures of the several
States.

Whereas, Congress has, by a two thirds vote proposed to
the Legislatures of the several States, as an Amendment
to the Constitution of the United States which when ratified
by the Legislatures of three fourths of said States shall be
valid to all intents and purposes as a part of said Constitu-
tion, viz:

Article 14.
Section i.

All persons born or naturalized in the United States, and
subject to the jurisdiction thereof, are citizens of the United
States and of the State wherein they reside. No State shall
make or enforce any law which shall abridge the privileges
or immunities of citizens of the United States ; nor shall any
State deprive any person of life, liberty, or property, without
due process of law, nor deny to any person within its juris-
diction the equal protection of the laws.
Section 2.

Representatives shall be apportioned among the several
States according to their respective numbers, counting the
whole number of persons in each State, excluding Indians
not taxed. But when the right to vote at any election for
the choice of Electors for President and Vice President of the
United States, Representatives in Congress, the Executive
and judicial officers of a State, or the Members of the Legis-
lature thereof, is denied to any of the male inhabitants of
such State, being twenty one years of age, and citizens of the
United States, or in any way abridged, except for participa-
tion in rebellion or other crime, the basis of representation
therein shall be reduced in the proportion which the number

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of such male citizens shall bear to the whole number of male
citizens twenty one years of age in such State.
Section 3.

No person shall be a Senator or Representive in Con-
gress, or Elector of President and Vice President, or hold
any office, civil or military, under the United States or under
any State, who having previously taken an oath as a Member
of Congress, or as an Officer of the United States, or as a
Member of any State Legislature, or as an Executive or judi-
cial officer of any State, to support the Constitution of the
United States, shall have engaged in insurrection, or rebel-
lion against the same, or given aid or comfort to the enemies
thereof

But Congress may, by a vote of two thirds of each House
remove such disability.

Section 4. The validity of the public debt of the United
States, authorized by law, including debts incurred for pay-
ment of pensions and bounties, for services in suppressing
insurrection or rebellion, shall not be questioned. But nei-
ther the United States, or any State shall assume or pay any
debt or obligation incurred in aid of insurrection or rebellion
against the United States, or any claims for the loss or eman-
cipation of any slave; but all such debts, obligations and
claims shall be held illegal and void.

Section 5. The Congress shall have power to enforce, by
appropriate legislation, the provisions of this Article.

Therefore, be it Resolved by the General Assembly of
the State of Indiana, That said proposed Amendments to the
Constitution of the United States are hereby accepted and
ratified on the part of the State of Indiana.

And, be it further Resolved, That the Governor be

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authorized and requested to forward an authenticated copy

of this Joint Resolution to the Secretary of State of the

United States.

D. C. Branham

Speaker of the House of Representatives.

Will Cumback,

President of the Senate.

Approved Jany 29, 1867.

Conrad Baker,

Lieut. Governor of Indiana

Acting as Governor.

Passed Senate January i8th 1867.

Passed House of Representatives January 23"^ 1867.

^ s.s.

State of Indiana )
Office Secy of State

I. Nelson Trusler, Secretary of State for the State of
Indiana, do hereby certify that the above and foregoing is
a full, true and complete copy of Enrolled Joint Resolution
No. I, from which the same was taken, now on file in the
Office of Secretary of State, for the said State of Indiana.

In Witness Whereof, I have hereunto set my hand

^ and affixed the Seal of the said State of Indiana, at
[seal.]

the City of Indianapolis, this second day of Febru-
ary, 1867

Nelson Trusler

Secy of State

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State of Minnesota

EXECUTIVE DEPARTMENT

Saint Paul, February nth, 1867.
Hon. W» H. Seward

Sec of State. Washington City. D. C.
Sir:

I have the honor herewith to transmit a duly certified
copy of a concurrent resolution of the legislature of this
State, approved February first 1867, ratifying the amend-
ment to the constitution of the United States, proposed by
Congress, as article fourteen of the Constitution, an attested
copy of which amendment was received from the Depart-
ment of State with your circular of June i6th 1866.
I am, very respectfully

You obedient Servant

W^ R. Marshall
Governor of Minnesota

Concurrent Resolution

Whereas the Congress of the United States, did on the

Sixteenth day of June One thousand eight hundred and

Sixty-Six, propose the following amendment to the Federal

Constitution :

Article XIV

Section i. All persons born or naturalized in the United
States and subject to the jurisdiction thereof, are citizens of
the United States and of the State wherein they reside. No

7>7

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State shall make or enforce any law which shall abridg-e the
privileges or immunities of citizens of the United States ; nor
shall any State deprive any person of life, liberty or property
without due process of law, nor deny to any person within its
jurisdiction the equal protection of the laws.

Section 2. Representatives shall be apportioned among
the Several States according to their respective numbers,
counting the whole number of persons in each State, exclud-
ing Indians not taxed. But when the right to vote at any
election for the choice of electors for President and Vice
President of the United States, Representatives in Congress,
the executive and judicial officers of a State or the members
of the Legislature thereof, is denied to any of the male in-
habitants of such State, being twenty one years of age and
citizens of the United States, or in any way abridged except
for participation in rebellion or other crime, the basis of rep-
resentation therein shall be reduced in the proportion which
the number of such male citizens shall bear to the whole
number of male citizens twenty one years of age in such
State.

Section 3. — No person shall be a Senator or Representa-
tive in Congress or elector of President and Vice President,
or hold any office, civil or military under the United States or
under any State, who, having previously taken an oath as a
member of Congress or as an officer of the United States or
as a member of any State Legislature, or as an executive or
judicial officer of any State, to Support the Constitution of
the United States, shall have engaged in insurrection or re-
bellion against the same, or given aid or comfort to the ene-
mies thereof. But Congress may, by a vote of two thirds of
each House remove such disability.

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Section 4. — The validity of the public debt of the United
States authorized by law, including debts incurred for pay-
ment of pensions and bounties for services in suppressing
insurrection or rebellion, shall not be questioned. But
neither the United States nor any State shall assume or
pay any debt or obligation incurred in aid of insurrection
or rebellion against the United States, or any claim for the
loss or emancipation of any slave ; but all such debts, ob-
ligations, and claims shall be held illegal and void.

Section 5. — The Congress shall have power to enforce, by
appropriate legislation the provisions of this article.

And Whereas, a copy of the same has been officially laid
before this Legislature :

Therefore, be it resolved by the Legislature of the State
of Minnesota, that the said amendment be, and the same is
hereby ratified.

Approved February first Eighteen hundred and sixty-
seven.

W^ R. Marshall

Governor

State of Minnesota

Office of the Secretary of State.

I certify the foregoing to be a true copy of the original

on file in this office.

In Testimony Whereof I have hereunto set my hand

^ and affixed the Great seal of state this Ninth day
[seal.]

of February A. D. Eighteen Hundred and Sixty-
seven.

H C Rogers

Sec^ of State

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State of Rhode Island and Providence Plantations.

JANUARY SESSION, A. D., 1 867.

RESOLUTION

Adopt an Amendment to the Constitution of the United

States.
^ "X 7 HERE AS, both Houses of the Congress of the United
^ ^ States have proposed an Amendment to the Consti-
tution of the United States, in the words and figures follow-
ing, to wit :
Joint Resolution Proposing an Amendment to the Constitution

of the United States.
Be it Resolved by the Senate and House of Representatives

of the United States of America in Congress assembled,

(two-thirds of both Houses concurring :)

That the following Article be proposed to the Legisla-
tures of the several States, as an Amendment to the Con-
stitution of the United States, which, when ratified by three-
fourths of said Legislatures, shall be valid as a part of the
Constitution, namely:

ARTICLE XIV.

shall any State deprive any person of life, liberty, or prop-

720

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721

erty, without due process of law, nor deny to any person
within its jurisdiction the equal protection of the laws.

Sec. 2. Representatives shall be apportioned among the
several States, according to their respective numbers, count-
ing the whole number of persons in each State, excluding
Indians not taxed. But when the right to vote at any elec-
tion for the choice of electors for President and Vice-President
of the United States, Representatives in Congress, the exec-
utive or judicial officers of a State, or the members of the
Legislature thereof, is denied to any of the male inhabit-
ants of such State, being twenty-one years of age, and citi-
zens of the United States, or in any way abridged, except for
participation in rebellion or other crime, the basis of repre-
sentation therein shall be reduced in the proportion which
the number of such male citizens shall bear to the whole
number of male citizens twenty-one years of age in such
State.

Sec. 3. No person ishall be a Senator or Representative
in Congress, or elector of President and Vice-President, or
hold any office, civil or military, under the United States,
or under any State, who, having previously taken an oath, as
a member of Congress, or as an officer of the United States,
or as a member of any State Legislature, or as an executive
or judicial officer of any State, to support the Constitution of
the United States, shall have engaged in insurrection or re-
bellion against the same, or given aid or comfort to the
enemies thereof But Congress may, by a vote of two-thirds
of each House, remove such disability.

Sec. 4. The validity of the public debt of the United
Stases, authorized by law, including debts incurred for pay-
ment of pensions and bounties for services in suppressing
4 AP 26.

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insurrection or rebellion, shall not be questioned. But
neither the United States nor any State shall assume to pay
any debt or obligation incurred in aid of insurrection or re-
bellion against the United States, or any claim for the loss or
emancipation of any slaves ; but all such debts, obligations,
and claims shall be held illegal and void.

Sec. 5. The Congress shall have power to enforce, by
appropriate legislation, the provisions of this article.

// is therefore Resolved, that the Legislature of the State
of Rhode Island do hereby ratify and confirm the said Four-
teenth Article of Amendment to the Constitution of the
United States, and do hereby assent thereto.

Resolved, That His Excellency the Governor be and he
hereby is directed to cause a copy of the foregoing Preamble
and Resolution to be made and duly authenticated and to be
transmitted to the Secretary of State of the United States,
and. other like copies thereof, to be made and to be trans-
mitted to the presiding officers of the two Houses of Con-
gress.

/ hereby certify. That the foregoing is a true copy
of a concurrent resolution of the General Assem-
bly of the State of Rhode Island passed on the
7th day of February, 1867.
[seal.] In testimony whereof I, AMBROSE E. BURN-
SIDE, Governor of the State of Rhode Island,
have hereto subscribed my name and affixed the
Seal of said State, this thirteenth day of Febru-
ary, A. D. 1867.
By the Governor A E Burnside

John R. Bartlett Gov R. I.

Secretary of State.

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State of Wisconsin

EXECUTIVE DEPARTMENT

Madison 14-^ Feby 1867
Hon. W"^ H. Seward.

Secretary of State,

Washington D. C.
Sir:

I have the honor to transmit herewith, as required by

law, the decision of the Legislature of this State upon the

Resolution of Congress, proposing to the Legislatures of

the several States, a Fourteenth Article to the Constitution

of the United States.

I am Sir Very Respectfully

Your Obedient Servant

Lucius Fairchild

Governor of Wisconsin

United States of America

State of Wisconsin
Office of the Secretary of State
I, Thomas S. Allen, Secretary of State of the State of
Wisconsin, do hereby certify, that the annexed has been
compared with the original enrolled Joint Resolution depos-
ited in this office, and that the same is a true and correct

copy thereof.

723

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724

In Witness Whereof, I have hereunto set my hand,

and afifixed the Great Seal of the State of Wiscon-

[SEAL.J ^j^ ^^ ^^ capitol in Madison, on this 13*^ day of

February A. D. 1867

Tho^ S. Allen

Secretary of State

Joint Resolution
Proposing the ratification of the Constitutional Amend-
ment
Whereas
The Congress of the United States has pursuant to Article
5 of the Constitution proposed to the Legislatures of the
several states the following amendments to the Constitution
of the United States, namely:

** Article Fourteen*'
Section i.
All persons born or naturalized in the United States and
subject to the jurisdiction thereof, are citizens of the United
States and of the State wherein they reside. No state shall
make or enforce any law which shall abridge the privileges
or immunities of citizens of the United States, nor shall any
state deprive any person of life, liberty or property without
due process of law, nor deny to any person within its juris-
diction the equal protection of the laws.

Section 2
Representatives shall be apportioned among the several
states according to their respective number counting the

whole number of persons in ech state, excluding Indians
not taxed. But whenever the right to vote at any election
for electors of President and Vice President, or for United

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725

States Representatives in Congress, Executive or Judicial
Officers or the Members of the Legislature thereof, is de-
nied to any of the male inhabitants of such state being
twenty one years of age and citizens of the United States
or in any way abridged except for participation in rebellion
or other crimes the basis of representation therein shall be
reduced to the proportion which the number of such male
citizens shall bear to the whole number of male citizens
twenty one years of age in such state

Section 3

No person shall be a Senator or Representative in Con-
gress, or Elector of President or Vice President, or hold any
office civil or military under the United States, or under
any State, who having previously taken an oath as a Mem-
ber of Congress, or as a Member of any State Legislature
or as an Executive or Judicial Officer of any state, to sup-
port the Constitution of the United States, shall have en-
gaged in insurrection or rebellion against the same, or given
aid or comfort to the enemies thereof, but Congress may by
a two thirds vote of each House remove such disability.

Section 4

The validity of the public debt of the United States author-
ized by law including debts incurred for the payment of
Pensions and Bounties for services in suppressing the insur-
rection or rebellion shall not be questioned ; but neither the
United States nor any state, shall assume or pay any debt or
obligation incurred in aid of insurrection or rebellion against
the United States or any claim for the loss or emancipation
of any slave ; but all such debts, obligations and claims, shall
be held illegal and void.

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726
Section 5

That Congress shall have power to enforce by appropriate
legislation the provisions of this Article

Therefore Resolved

By the Senate and Assembly of the State of Wisconsin in
Legislature Assembled That the said Article as such pro-
posed amendment to the Constitution of the United States
be and the same is hereby Ratified

Angus Cameron
Speaker of the Assembly
Geo. F. Wheeler
President of the Senate Pro. Tempore
Approved February 13* 1867

Lucius Fairchild

Governor

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PENNSYLVANIA.

Executive Chamber.

Harrisburg, Pa. Feby i8* 1867
Sir:

I have the honor to transmit herewith, an attested copy
of a Resolution of the General Assembly of this State, rati-
fying the Amendment to the Constitution of the United
States, proposed as a Fourteenth Article by Congress at its

last Session.

Very Respectfully

Your Obedient Servant

J NO. W. Geary

Governor
To die Hon : W" H. Seward

Secretary of State

Washington D. C.

Joint Resolution
To ratify the amendment to the constitution of the United
States. —

Whereas Two thirds of the members of the Senate and
House of Representatives of the United States in Congress
assembled did adopt an amendment to the constitution of
the United States which is entitled Article fourteen as fol-
lows.—

Section i. All person born or naturalized in the United
States and subject to the jurisdiction thereof are citizens of

the United States and of the State wherein they reside no

727

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State shall make or enforce any laws which shall abridge the
privileges or immunities of citizens of the United States nor
shall any State deprive any person of life liberty or property
without due process of law nor deny to any person within its
jurisdiction the equal protection of the law. —
Section 2. Representatives shall be apportioned among the
several states according to their respective numbers count-
ing the whole number of persons in each State excluding
Indians not taxed but when the right to vote at any election
for the choice of electors for President and Vice-President of
the United States representatives in Congress the executive
and judicial officers of a State or the members of the legisla-
ture thereof is denied to any of the male inhabitants of such
State being twenty one years of age and citizens of the
United States or in any way abridged except for participa-
tion in rebellion or other crime the basis of representation
therein shall be reduced in the proportion which the number
of such male citizens shall bear to the whole number of male
citizens twenty one years of age in such State. —
Section 3. No person shall be a Senator or Representa-
tive in Congress or elector of President and Vice President
or hold any office civil or military under the United States or
under any State who having previously taken an oath as a
member of Congress or as an officer of the United States or
as a member of any State legislature or as an executive
or judicial officer of any State to support the Constitution of
the United States shall have engaged in insurrection or
rebellion against the same or given aid or comfort to the ene-
mies thereof but Congress may by a vote of two thirds of
each house remove such disability. —
Section 4. The validity of the public debt of the United

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•

States authorized by law including debts incurred for pay-
ment of pensions and bounties for services in suppressing
insurrection or rebellion shall not be questioned but neither
the United States or any State shall assume or pay any
debt or obligation incurred in aid of insurrection or rebellion
against the United States or any claim for the loss or eman-
cipation of any slave but all such debts obligations and
claims shall be held illegal and void. —
Section 5. The Congress shall have power to enforce by ap-
propriate legislation the provisions of this article. — Which
said amendment has been submitted to the legislature of
Pennsylvania for ratification or rejection. — ^Therefore —
Be it resolved by the Senate and House of Representatives
of the State of Pennsylvania in General Assembly met —

That the amendment as above proposed and submitted is
hereby ratified and adopted by the State of Pennsylvania.

John P. Glass.
Speaker of the House of Reps

L. W. Hall

Speaker of the Senate

Approved the thirteenth day of February one thousand eight

hundred and sixty-seven

Jno W. Geary

Office of the Secretary of the Commonwealth

Harrisburg Feb. 18*** A. D. 1867
Pennsylvania S. S.

I Do Hereby Certify, That the foregoing and an-
nexed is a full true and correct copy of the orig^inal
[seal.] . . I'y B

Joint Resolution of the General Assembly of the

Commonwealth of Pennsylvania entitled. — ** Joint
Resolution to ratify the amendment to the constitution of

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730

the United States," as the same remains on file in this

office. —

In Testimony Whereof, I have hereunto set my Hand and

caused the Seal of the Secretary's Office to be affixed, the

day and year above written.

Isaac B. Gara

Deputy Secretary of the Commonwealth

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State of Michigan

EXECUTIVE OFFICE.

Lansing Feb^ i6 1867
Hon. W" H. Seward.

Secretary of State,

Washington, D. C.
Sir:

I have the honor of herewith transmitting a Joint Resolu-
tion of the State of Michigan, ratifying the proposed amend-
ment to the Constitution of the United States.
I have the honor to be,

Very Respectfully,

Your Ob't. Svt.

Henry H. Crapo,

Gov' State Michigan

Joint Resolution.
Ratifying The Proposed Amendment To The Constitution

Of The United States.
Whereas, The Congress of the United States, after solemn
and mature deliberation therein, has, by a vote of two-thirds
of both Houses, passed **a joint resolution, submitting to the
Legislatures of the several States, a proposition to amend
the Constitution of the United States," which resolution is
in the following words:
Be it resolved by the Senate and House of Representatives

73«

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732

of the United States of America, in Congress assembled,

(two-thirds of both Houses concurring,)

That the following article be proposed to the Legislatures

of the several States, as an amendment to the Constitution

of the United States, which, when ratified by three-fourths of

said Legislatures, shall be valid as part of the Constitution,

namely :

ARTICLE XIV.

Section I. All persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are
citizens of the United States and of the State wherein they
reside. No State shall make or enforce any law which shall
abridge the privileges or immunities of citizens of the United
States ; nor shall any State deprive any person of life, liberty
or property, without due process of law, nor deny to any per-
son within its jurisdiction the equal protection of the laws.
Section II. Representatives shall be apportioned among the
several States according to their respective numbers,
counting the whole number of persons in each State, exclud-
ing Indians not taxed. But when the right to vote at any
election for the choice of electors for President and Vice
President of the United States, Representatives in Congress,
the Executive and Judicial Officers of a State, or the mem-
bers of the Legislature thereof, is denied to any of the male
inhabitants of such State, being twenty one years of age,
and citizens of the United States, or in any way abridged
except for participation in rebellion, or other crime, the basis
of representation therein shall be reduced in the proportion
which the number of such male citizens shall bear to the
whole number of male citizens twenty-one years of age in
such State.

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733

Section III. No person shall be a Senator or Representative

in Congress, or elector of President or Vice Presi-
dent, or hold any office, civil or military, under the United
States, or under any State, who, having previously taken an
oath, as a member of Congress, or as an Officer of the
United States, or as a member of any State Legislature,
or as an executive or judicial officer of any State, to sup-
port the Constitution of the United States, shall have
engaged in insurrection or rebellion against the same,, or
given aid or comfort to the enemies thereof. But Congress
may, by a vote of two-thirds of each House, remove such
disability.
Section IV. The validity of the Public Debt of the United

States, authorized by law, including debts incurred for
payment of pensions and bounties for services in suppressing
insurrection or rebellion, shall not be questioned. But
neither the United States nor any State shall assume or pay
any debt or obligation incurred in aid of insurrection or
rebellion against the United States, or any claim for the loss
or emancipation of any slave ; but all such debts, obligations
and claims shall be held illegal and void.
Section V. The Congress shall have power to enforce, by

appropriate legislation, the provisions of this article ;
therefore

Resolved by the Senate and House of Representatives of
the State of Michigan, That in the name and in behalf of the
People of this State, we do hereby ratify, approve, and assent
to, the said amendments.
Resolved, That a copy of this assent and ratification be

engrossed on parchment, and transmitted by his Ex-
cellency, the Governor, to the United States in Congress

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734

assembled ; and that he transmit a like copy to the Secretary

of State of the United States.

DwiGHT May

President of the Senate,

P. Dean Warner

Speaker of the House of Representatives.

Approved, February 15. 1867

Henry H. Crapo.

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Commonwealth of Massachusetts.

Executive Department.

Boston, Mch 29th 1867
Sir: • •

I have the honor to transmit herewith an attested copy of
a Resolve of the Legislature of this Commonwealth, ratify-
ing the amendment proposed by Congress, as a Fourteenth
Article of the Constitution of the United States.
I have the honor to be,

Very respectfully,

Your obedient servant,

Ai.Ex. H. Bullock Governor.
To the President of the United States

Commonwealth of Massachusetts.

Secretary's Department.
I, Oliver Warner, Secretary of the Commonwealth, hereby
certify that the annexed is a true copy of the concurrent
Resolution of the Legislature of this Commonwealth, ratify-
ing an amendment to the Constitution of the United States,
passed March 20th, 1867, and taken from the original on file
in this department.

In testimony whereof, I have affixed the Seal of the
Commonwealth the twenty-ninth day of March,

[seal.] a. D. 1867.

Oliver Warner,

Secretary of State.

735

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736
Commonwealth of Massachusetts.

IN THE YEAR ONE THOUSAND EIGHT HUNDRED AND SIXTY-SEVEN.

RESOLVE

RELATIVE TO AN AMENDMENT OF THE CONSTITUTION OF THE

UNITED STATES.

Whereas, The Legislature has received official notifica-
tion of the passage by both houses of the Thirty-ninth Con-
gress of the United States, at its first session, of the follow-
ing proposition to amend the Constitution of the United
States, by a constitutional majority of two-thirds thereof in
words following, to wit :

Joint Resolution, proposing an Amendment of the Con-
stitution OF THE United States.

Be it resolved by the Senate and House of Representatives
of the United States of America in Congress assembled,
(two-thirds of both houses concurring,) That the follow-
ing article be proposed to the Legislatures of the several
States, as an Amendment to the Constitution of the United
States, which, when ratified by three-fourths of said Leg-
islatures, shall be valid as a part of the Constitution,

namely ;

ARTICLE XIV.

Section i. All persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are citizens of
the United States, and of the State wherein they reside. No
State shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States, nor
shall any State deprive any person of life, liberty or prop-
erty, without due process of law, nor deny to any person
within its jurisdiction the equal protection of the laws.

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Sect. 2. Representatives shall be apportioned among the
several States, according to their respective numbers, count-
ing the whole number of persons in each State, excluding
Indians not taxed. But when the right to vote at any
election for the choice of Electors for President and Vice-
President of the United States, Representatives in Congress,
the Executive and Judicial officers of a State, or the Legis-
lature thereof, is denied to any of the male inhabitants of
such State, being twenty-one years of age, and citizens of the
United States, or in any way abridged, except for participa-
tion in rebellion, or other crimes, the basis of representation
shall be reduced in the proportion which the number of such
male citizens shall bear to the whole number of such citizens,
twenty-one years of age, in such State.

Sect. 3. No person shall be a Senator or Representative
in Congress, or Elector of President or Vice-President, or
hold any office, civil or military, under the United States,
or under any State, who, having previously taken an oath as
a member of Congress, or as an officer of the United States,
or as a member of any State Legislature, or as an Executive
or Judicial officer of any State, to support the Constitution
of the United States, shall have engaged in insurrection or
rebellion against the same, or given aid or comfort to the
enemies thereof. But Congress may by a vote of two-thirds
of each house remove such disability.

Sect. 4. The validity of the public debt of the United
States, authorized by law, including debts incurred for the
payment of pensions and bounties for services in suppress-
ing insurrection or rebellion, shall not be questioned. But
neither the United States, nor any State shall assume or pay

any debt or obligation incurred in aid of insurrection or re-
4 AP 27.

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738

bellion against the United States, or any claim for the loss or
emancipation of any slave; but all such debts, obligations
and claims, shall be held illegal and void.

Sect. 5. The Congress shall have power to enforce by
appropriate legislation the provisions of this article.

Therefore, resolved, That the said proposed amendment
to the Constitution be, and the same is hereby ratified by the
Legislature of the Commonwealth of Massachusetts.

Resolved, That certified copies of the foregoing^ preamble
and resolution be forwarded by the Governor to the Presi-
dent of the United States, to the Presiding Officer of the
United States Senate, and the Speaker of the United States
House of Representatives.

H. R., March 15, 1867. Passed.

Sent up for concurrence. W. S. Robinson, Clerk.

In Senate, March 20, 1867.
Passed in concurrence. Stephen N. Gifford, Clerk,

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State of Nebraska,

EXECUTIVE DEPARTMENT,

Omaha, October lo* 1867
Sir:

I have the honor to transmit herewith, an attested copy
of a Joint Resolution of the Legislature of this State, ratify-
ing the amendment proposed by Congress as a Fourteenth
Article of the Constitution of the United States.
I have the honor to be,
Very respectfully.

Your obedient Servant,

David Butler

Governor.
Hon. W-" H. Seward

Secretary of State

Washington D. C.

JOINT RESOLUTION,
Ratifying the Proposed Amendment to the Constitution of

the United States.
Whereas the Congress of the United States has pro-
posed to the Legislatures of the several States the following
Article as an Amendment to the Constitution of the United

States, namely:

ARTICLE XIV.

Section i. All persons born or naturalized in the United

States, and subject to the jurisdiction thereof, are citizens

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of the United States, and of the State wherein they reside.
No State shall make or enforce any law which shall abridge
the privileges or immunities of citizens of the United
States, nor shall any State deprive any person of life, liberty
or property, without due process of law, nor deny to any
person within its jurisdiction the equal protection of the
laws.

Sec 2 Representatives shall be apportioned among the
several States, according to their respective numbers, count-
ing the whole number of persons in each State, excluding
Indians not taxed. But when the right to vote at any elec-
tion for the choice of any Electors for President and Vice
President of the United States, Representatives in Congress,
the Executive and Judicial officers of a State, or the members
of the Legislature thereof, is denied to any of the male in-
habitants of such State, being twenty-one years of age, and
citizens of the United States, or in any way abridged, except
for participation in rebellion, or other crimes, the basis of
representation therein shall be reduced in the proportion
which the number of such male citizens shall bear to the
whole number of male citizens, twenty-one years of age, in
such State.

Sec. 3. No person shall be a Senator or Representative
in Congress, or Elector of President or Vice President, or
hold any office, civil or military, under the United States,
or under any State, who, having previously taken an oath as
a member of Congress, or as an officer of the United States,
or as a member of any State Legislature, or as an Executive
or Judicial officer of any State, to support the Constitution
of the United States, shall have engaged in insurrection or
rebellion against the same, or given aid or comfort to the

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741

enemies thereof. But Congress may by a vote of two-thirds
of each House remove such disability.

Sec. 4. The validity of the public debt of the United
States, authorized by law, including debts incurred for the
payment of pensions and bounties for services in suppressing
insurrection or rebellion, shall not be questioned. But
neither the United States, nor any State shall assume or pay
any debt or obligation incurred in aid of insurrection or re-
bellion against the United States, or any claim for the loss
or emancipation of any Slave ; but all such debts, obligations
and claims, shall be held illegal and void.

Sec. 5. The Congress shall have power to enforce by
appropriate legislation the provisions of this article.

Therefore, Be it Resolved, By the Legislature of the State
of Nebraska, that the said Article, as such proposed Amend-
ment to the Constitution of the United States, be, and the
same is hereby ratified.

Passed June 15th, 1867.

W. F. Chapin,
Speaker of the House.
E. H. Rogers,
President of the Senate.

^'1

State of Nebraska,"
secretary's office.

I, T. P. Kennard, Secretary of the State of Nebraska, do
hereby certify that I have carefully compared the foregoing
copy of a joint resolution, entitled: '*A Joint Resolution
Ratifying the proposed Amendment to the Constitution of
the United States,'' passed by the Legislative Assembly of
this State, on the fifteenth day of June, 1867, with the orig-

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742

inal rolls on file in this office, and that the same is a true and

perfect copy of said Joint Resolution.

In Testimony Whereof, I have hereunto set my

hand and affixed the Great Seal of the State of
[seal.]

Nebraska, this twentieth day of August, A. D..

1867.

Thomas P. Kennard

Secretary of the State of Nebraska.

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State of Iowa

EXECUTIVE DEPARTMENT

Des Moines May 15 1868
Sir.

I have the honor to transmit herewith a certified copy of

a Joint Resolution of the General Assembly of this State,

ratifying the Amendment proposed as a Fourteenth Article

to the Constitution of the United States.

I have the honor to be

Yours with Respect

Saml Merrill

Govrnor
Hon William H. Seward,

Secretary of State.

Des Moines Iowa
■ Office of Secretary of State

May 14* 1868.
I Ed Wright, Secretary of State of the State of Iowa, hereby
certify that the annexed, is a true Copy of a Joint Resolution
Ratifying the amendment to the Constitution of the United
States in regard to representation, reconstruction, and the
National Debt; the original of which resolution, is now on
file in this Office.

In Testimony Whereof, I have hereunto set my
hand and affixed the Official Seal of the State of

Iowa.

743

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744

Done at the City of Des Moines, on this 14**' day
of May, in the year of our Lord One Thousand
[seal.] Eight Hundred and Sixty Eight ; of the Independ-
ence of the United States, the Ninety Second,
and of the State of Iowa the Twenty Second.

Ed Wright
Secretary of State

Joint Resolution, Ratifying the amendment to the Consti-
tution of the United States, in regard to representation,
reconstruction, and the National Debt.

Whereas; The Congress of the United States has pro-
posed to the several States the following amendment to the
Federal Constitution. Viz:

Article 14*

Section i-All persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are citizens of
the United States and of the State wherein they reside.

No State shall make or enforce any law which shall
abridge the privileges or immunities of citizens of the United
States ; nor shall any State deprive any person of life, liberty,
or property, without due process of law, nor deny to any
person within its jurisdiction the equal protection of the
laws.

Section 2 -Representatives shall be apportioned among
the several States according to their respective numbers,
counting the whole number of persons in each State, exclud-
ing Indians not taxed. But when the right to vote at any
Election for the choice of Electors for President and Vice
President of the United States, Representatives in Congress,

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745

the Executive and judicial Officers of a State, or the members
of the Legislature thereof, is denied to any of the male in-
habitants of such State, being twenty-one years of age, and
Citizens of the United States, or in any way abridge, except
for participation in rebellion or other crime, the basis of rep-
resentation therein shall be reduced in the proportion which
the number of such male citizens shall bear to the whole
number of male citizens twenty-one years of age in such
State.

Section 3 - No person shall be a Senator or Representa-
tive in Congress, or Elector of President and Vice Presi-
dent, or hold any office, civil or military, under the United
States, or under any State, who, having previously taken
an oath, as a member of Congress, or as an officer of the
United States, or as a member of any State Legislature,
or as an Executive or judicial officer of any State, to sup-
port the Constitution of the United States, shall have
engaged in insurrection or rebellion against the same, or
given aid or comfort to the enemies thereof. But Congress
may by a vote of two-thirds of each House, remove such
disability.

Section 4 -The validity of the public debt of the United
States, authorized by law, including debts incurred for pay-
ment of Pensions and Bounties for services in suppress-
ing insurrection or rebellion, shall not be questioned. But
neither the United States nor any State shall assume or pay
any debt or obligation incurred in aid of insurrection or
rebellion against the United States, or any claim for the loss
or emancipation of any slave ; But all such debts, obligations,
and claims shall be held illegal and void.

Section 5= The Congress shall have power to enforce, by

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746

appropriate legislation, the provisions of this article. There-
fore ;

Be it Resolved by the General Assembly of the State of Iowa:
That the State of Iowa by its Legislature hereby ratifies,
adopts, and assents, to said amendment.

John Russell,
Speaker of the House of Representatives.

G. G. Bennett,
President of the Senate, pro tern,
Approved April 3^^ 1868.

Samuel Merrill,

Governor,

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Office of Secretary of State, Arkansas,

Little Rock, April 2^^ 1868
Hon. William H Seward

Secretary of State
Sir

I have the honor to transmit this day by mail, for file in
your Department, a Copy of a Joint Resolution, unanimously
passed on the 6*^ inst, by the General Assembly of Arkansas,
in session in compliance with the provisions of the Constitu-
tion of the State of Arkansas, as adopted by the Convention
on the 1 1**" day of February A. D. 1868, a Copy of which is
herewith enclosed.

I am very respectfully

Robert J. T, White
Secretary of State, Arkansas.

Executive Department,

STATE OF ARKANSAS,

Little Rock, July 17 1868
Hon W" H Seward

Secy of State

Washington D. C.
Sir I herewith transmit to you the accompanying resolu-
tions ratifying the XlVth article to the Constitution of the
United States
You will see that it passed the House of Representatives of

the General Assembly on the 3'"^ of April 1868 and the

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748

Senate of the General Assembly on the 6 of April 1 868 and

is signed by the presiding officers and clerks of both houses,

according to law

Very Respectfully

Powell Clayton

Governor of Arks

United States Senate Chamber.

Washington. July 23 1868
W™ H. Seward

Secty of State

Enclosed find Copy of the 14*^ Article Constitutional

Amendment as passed by the Arkansas Legislature

Very Respectfully Yours

A McDonald

U. S. S Ark

Whereas, The Congress of the United States has sub-
mitted to the several States for their action thereon, by an
Act approved June the sixteenth. One thousand eight hun-
dred and sixty six the following article fourteenth (14th) as
an amendment to the Constitution of the United States,
namely

Article XIV. Section i. All persons born or naturalized in
the United Slates, and subject to the jurisdiction thereof, are
citizens of the United States and of the State wherein they
reside. No State shall make or enforce any law which shall
abridge the privileges or immunities of citizens of the United
States; nor shall any State, deprive any person of life, lib-
erty or property, without due process of law, nor deny to

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749

any person within its jurisdiction the equal protection of the
laws.

Section 2. Representatives shall be apportioned among the
several States, according to their respective numbers, count-
ing the whole number of persons in each State, excluding
Indians not taxed. But when the right to vote at any elec-
tion for the choice of electors for President and Vice Presi-
dent of the United States representatives in Congress, the
executive and judicial officers of a State, or the members of
the legislature thereof, is denied to any of the male inhabit-
ants of such State, being twenty one years of age, and citi-
zens of the United' States, or in any way abridged, except
for participation in rebellion or other crime, the basis of rep-
resentation therein shall be reduced in the proportion which
the number of such male citizens shall bear to the whole
number of male citizens twenty one years of age in such
State.

Section 3. No person shall be a Senator or representative in
Congress or elector of President or Vice President, or hold
any office, civil or military, under the United States, who hav-
ing previously taken an oath, as a member of Congress, or
as an officer of the United States, or as a member of
any State legislature, or as an executive or judicial officer
of any State, to support the Constitution of the United
States, shall have engaged in insurrection or rebellion
against the same, or given aid or comfort to the enemies
thereof But Congress may by a vote of two thirds of each
house remove such disability

Section 4. The validity of the public debt of the United
States authorized by law, including debts incurred for pay-
ment of pensions and bounties, for services in suppressing

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750

insurrection or rebellion shall not be questioned. But

neither the United States, nor any State shall assume or pay

any debt or obligation incurred in aid of insurrection or

rebellion against the United States, or any claim for the loss

or emancipation of any slave, but all such debts obligations

and claims shall be held illegal and void.

Section 5. The Congress shall have power to enforce, by

appropriate legislation the provisions of this article.

Therefore,

Be it resolved by the General Assembly of the State
w" ri.

as, That the foregoing recited article, fourteen

same is hereby fully approved and ratified
Enclosed find ^o^

' '^n of the United States.
Amendment as passed by the i^.

' -^s, General Assembly of
Very Respectfully Yours

this 3rd day of April

;ves

Whereas, The Congress of the United States hr^"^^*"
mitted to the several States for their action thereoir
Act approved June the sixteenth. One thousand eif
dred and sixty six the following article fourteenth (1"
an amendment to the Constitution of the United b.
namely

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Executive Office

Tallahassee, Florida, June lo. 1868.
Sir.

I have the honor to transmit herewith an enrolled copy
of a Joint Resolution of the Senate and Assembly of the
State of Florida, elected under the new Constitution, adopt-
ing the thirteenth Amendment to the Constitution of the
United States, also the Amendment proposed by the 39***
Congress known as the fourteenth Article, as a condition
precedent to the admission of the State into the Union.
I am, very respectfully,

Your Obedient Servant

Harrison Reed

Governor.
Hon William. H. Seward

Secretary of State

Washington D. C.

Concurrent Resolution adopting the Amendment of the 13*
and 14'** articles of the Constitution of the United States.
Be it Resolved, by the People of the State of Florida in
Senate and Assembly represented: That the following pro-
posed Amendments to the Constitution of the United States
known as Articles XIII* and XIV*** be, and the same are

hereby adopted.

XIII* Amendment.

First. Neither slavery nor involuntary servitude except as a
punishment for crime, whereof the party shall have been

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duly convicted shall exist within the United States or any
place subject to their jurisdiction.

Second. And Congress shall have power to enforce this
article by appropriate legislation.

XIV*** Amendment.

First. All persons born or naturalized in the United States,
and subject to the jurisdiction thereof, are Citizens of the
United States and the State wherein they reside. No State
shall make or enforce any law which shall abridge the priv-
ileges or immunities of citizens of the United States ; Nor
shall any State deprive any person of life, liberty or prop-
erty without due process of law, nor deny to any person
within its jurisdiction the equal protection of its laws.
Second. Representatives shall be apportioned among the
several States according to their respective numbers count-
ing the whole number of persons in each State excluding
Indians not taxed. But when the right to vote at any elec-
tion for the choice of Electors for President and Vice Presi-
dent of the United States, Representatives in Congress, the
Executive and Judicial officers of a State, or the Members
of the Legislature thereof, is denied to any of the male in-
habitants of such State, being twenty one years of age, and
citizens of the United States, or in any way abridged except
for participation in rebellion or other crime, the basis of rep-
resentation therein, shall be reduced in the proportion which
the number of such male citizens shall bear to the whole
number of male citizens twenty-one years of age in such
State.

Third. No person shall be a Senator or Representative in
Congress or elector of President or Vice President, or

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753

hold any office civil or military, under the United States,
or under any State who, having previously taken an oath as
a member of Congress, or as an Officer of the United States,
or as a member of any State Legislature, or as an executive
or judicial officer of any State, to support the Constitution
of the United States, shall have engaged in insurrection or
rebellion against the same, or given aid and comfort to the
enemies thereof. But Congress may, by a vote of two
thirds of each House remove such disability.
Fourth. The validity of the public debt of the United. States
authorized by law, including debts incurred for the payment
of pensions and bounties for services in suppressing insur-
rection or rebellion shall not be questioned. But neither the
United States nor any State shall assume or pay any debt or
obligation incurred in aid of insurrection or rebellion against
the United States, or any claim for the loss or emancipation
of any slave ; but all such debts, obligations and claims shall
be held illegal and void.

Fifth. The Congress shall have power to enforce by appro-
priate legislation the provisions of this article.

Passed by the Senate June 9* A. D. 1868.

Horatio Jenkins. Jr. President (Pro tem.)
W^ Lee Apthorp. Secretary.

Passed by the Assembly June 9* A D. 1868

W. W. Moore Speaker.
W** Forsyth Bynum Clerk
4 AP 28.

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Executive Chamber,

Raleigh, N. C, July 4* 1868
To the President of the United States.
Sir:—

I am directed to transmit to you the accompanying reso-
lution ratifying the fourteenth Article to the Constitution of
the United States.

You will see that it passed the House of Representatives
and Senate of the General Assembly of North Carolina on
the second instant, and is signed by the presiding officers
and clerks of both Houses, according to law.

Very respectfully

W. W. HOLDEN,

Governor of the State of North-Carolina
[indorsement.]

Raleigh N. C July 4 1868.
Holden W. W.

Govr N. C.
Transmitting accompanying resolution ratifying 14 Article to
Constitution of U S.

Respectfully referred to the Honorable the Secretary of
State.

By order of the Presid*

July 6, 1868.

754

W^ G. Moore,

Secretary.

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755

Joint Resolution
Ratifying die proposed Amendment of the Constitution of

the United States styled Article Fourteen
Whereas the General Assembly has received notification of
the passage by both houses of the Thirty Ninth Congress
of the United States at its first session of the following prop-
osition to amend the Constitution of the United States, by a
constitutional majority of two thirds thereof in words follow-
ing Viz

Joint Resolution proposing an amendment of the Consti-
tution of the United States; Be it resolved by the Senate
and House of Representatives of the United States of
America in Congress assembled (two thirds of both Houses
concurring) that the following **Article*' be proposed to the
Legislatures of the several States as an amendment to the
Constitution of the United States which when ratified by
three fourths of said Legislatures shall be valid as a part of
the Constitution of said United States Viz

Article Fourteen
Section i. All persons bom or naturalized in the United
States and subject to the jurisdiction thereof are citizens of
the United States and of the State wherein they reside. No
State shall make or enforce any law which shall abridge the
priveleges or immunities of citizens of the United States;
nor shall any State deprive any person of life, liberty or
property, without due process of law, nor deny to any per-
son within its jurisdiction the equal protection of the laws
Section 2. Representatives shall be apportioned among
the several States according to their respective numbers,
counting the whole number of persons in each State exclud-
ing Indians not taxed. But when the right to vote at any

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756

election for the choice of electors for President and Vice
President of the United States, representatives in Congress,
executive and judicial officers of a State, or the members of
the Legislature thereof, is denied to any of the male inhab-
itants of such State being twenty one years of age and citi-
zens of the United States, or in any way abridged except for
participation in rebellion or other crime, the basis of repre-
sentation therein shall be reduced in the proportion which
the number of such male citizens shall bear to the whole
number of male citizens twenty one years of age in such
State

Section 3. No person shall be a Senator or Representative
in Congress, or elector of President and Vice President, or
hold any office, civil or military, under the United States or
under any State, who, having previously taken an Oath as a
member of Congress, or as an officer of the United States,
or as a member of any State Legislature, or as an executive
or judicial officer of any State, to support the Constitution
of the United States, shall have engaged in insurrection or
rebellion against the same, or given aid and comfort to the
enemies thereof. But Congress may, by a vote of two thirds
of each House remove such disability

Section 4. The validity of the public debt of the United
States authorized by law, including debts incurred for pay-
ment of pensions and bounties for services in suppressing
insurrection or rebellion, shall not be questioned. But
neither the United States nor any State shall assume or pay
any debt or obligation incurred in aid of insurrection or
rebellion against the United States, or any claim for the loss
or emancipation of any slave ; but all such debts, obligations,
and claims, shall be held illegal and void.

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757

Section 5. The Congress shall have power to enforce by
appropriate legislation the provisions of this article.

Therefore

Resolved, That the said proposed amendment to the
Constitution be and the same hereby is ratified by the Gen-
eral Assembly of the State of North Carolina.

Resolved, That certified copies of the foregoing preamble
and resolutions be forwarded by the Governor to the Presi-
dent of the United States, to the presiding officer of the
United States Senate and the Speaker of the United States
House of Representatives.

Passed the House of Representatives, General Assembly of
North Carolina at Raleigh this Second day of July A. D.

1868.

John H. Bower,

Secretary House of Representatives
Passed the Senate, General Assembly of North Carolina at
Raleigh this Second day of July A. D. 1868.

T. A. Byrnes

Secretary Senate
Ratified this 4* day of July A. D. One Thousand eight hun-
dred and sixty eight.

ToD R. Caldwell

Lieut Governor President of Senate
Jo. W. Holden
Speaker House of Representatives

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Joint Resolution
Ratifying a proposed amendment to the Constitution of the
United States

Whereas. The Congress of the United States has adopted
a Resolution proposing an amendment to the Constitution of
the United States, to be submitted to the Legislatures of the
several States and to be known as article Fourteenth of said
Constitution as follows —

Article XIV.

Section i** All persons born or naturalized in the United
States and subject to the jurisdiction thereof are Citizens of
the United States and of the State wherein they reside. No
State shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States ; nor
shall any State deprive any person of life, liberty or property
without due process of law, nor deny to any person within
its Jurisdiction the equal protection of its laws. —
Sec 2^ Representatives shall be apportioned among the
several States according to their respective numbers, count-
ing the whole number of persons in each State excluding
Indians not taxed. But when the right to vote at any elec-
tion for the choice of electors for President and Vice Presi-
dent of the United States, representatives in Congress the
executive and Judicial officers of a State, or the members of
the Legislature thereof is denied to any of the male inhabit-
ants of such State being twenty-one years of age and citi-

758

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zen of the United States or in any way abridged except for
participation in rebellion or other crime, the basis of repre-
sentation therein shall be reduced in the proportion which
the number of such male citizens shall be as to the whole
number of male citizens twenty one years of age in such
State.

Sec 3"* No person shall be a Senator or Representative in
Congress or elector of President and Vice-President or hold
any office civil or Military under the United States, or under
any State, who, having previously taken an oath as a member
of Congress, or as an officer of the United States, or as a
member of any State Legislature, or as an executive or
Judicial officer of any State to support the Constitution of the
United States shall have engaged in insurrection or rebellion
against the same, or given aid or comfort to the enemies
thereof. But Congress may by a vote of two thirds of each
House remove such disability

Sec 4*** The validity of the public debt of the United States
authorized by law, including debts incurred for payment of
pensions and bounties for services in suppressing insurrec-
tion and rebellion shall not be questioned. But neither the
United States nor any State shall assume or pay any debt or
obligation incurred in aid of insurrection or rebellion against
the United States, or any claim for the loss or emancipation
of any slave but all such debts obligations and claims shall
be held illegal and void.

Sec 5* The Congress shall have power to enforce by appro-
priate legislation the provisions of this article

Resolved. By the Senate and House of Representatives
of the State of Louisiana in General Assembly convened

That the said Constitutional amendment in manner and

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form as proposed and submitted by the Congress of the
United States be and the same is on the part of the State of
Louisiana hereby ratified and accepted.

Signed : Chas. W. Lowell.

Speaker of the House of Representatives
Signed: Oscar J. Dunn,

Lieutenant Governor and President of the Senate

(Approved) this 9*** day of July, 1868.

Signed: H. C. Warmoth

Governor of the State of Louisiana

A true Copy of the Original on file in this Office
[seal.] Geo. E. Bovee

Sec. of State

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State of South Carolina,

Executive Department.

Columbia July 15, 1868.

To His Excellency, Andrew Johnson,

President of the United States,

Washington, D. C.
Sir:

I have the honor to transmit herewith to your Excellency
a duly Certified Copy of a Joint Resolution, passed by the
Senate, and House of Representatives, of the General As-
sembly of South Carolina, ratifying the Amendment to the
Constitution of the United States, proposed by the Thirty-
Ninth Congress, and known as Article Fourteen.
I am. Sir, Very respectfully.

Your Obedient Servant,

R K Scott
Governor of South Carolina.

State of South Carolina,

In the Senate.

Tuesday, July 7. A. D. 1868.^

Joint Resolution ratifying the Fourteenth Amendment to
the Constitution of the United States.

Whereas, both houses of the Thirty-ninth Congress of
the United States, at its first session, by a constitutional ma-
jority of two thirds thereof, made the following proposition

761

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to amend the Constitution of the United States, in words
following, to wit:

Joint Resolution proposing an Amendment of the Consti-
tution of the United States.

Be it resolved by the Senate and House of Representa-
tives of the United States of America in Congress assembled
(two thirds of both houses concurring). That the following
article be proposed to the legislatures of the several states,
as an amendment to the Constitution of the United States,
which, when ratified by three fourths of said legislatures,
shall be valid as a part of the constitution, namely: —

Article XIV.

Section i. All persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are citizens of
the United States, and of the state wherein they reside. No
state shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States, nor
shall any state deprive any person of life, liberty, or prop-
erty, without due process of law, nor deny to any person
within its jurisdiction the equal protection of the laws.

Sect. 2. Representatives shall be apportioned among the
several states according to their respective numbers, count-
ing the whole number of persons in each state, excluding
Indians not taxed. But when the right to vote at any
election for the choice of electors for President and Vice-
President of the United States, representatives in Congress,
the executive and judicial officers of a state, or the legisla-
ture thereof, is denied to any of the male inhabitants of such
state, being twenty-one years of age, and citizens of the
United States, or in any way abridged, except for participa-

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763

tion in rebellion, or other crimes, the basis of representation
shall be reduced in the proportion which the number of such
male citizens shall bear to the whole number of such citizens,
twenty-one years of age, in such state.

Sect. 3. No person shall be a senator or representative
in Congress, or elector of President or Vice-President, or
hold any office, civil or military, under the United States,
or under any State, who, having previously taken an oath as
a member of congress, or as an officer of the United States,
or as a member of any State legislature, or as an executive
or judicial officer of any State, to support the Constitution
of the United States, shall have engaged in insurrection or
rebellion against the same, or given aid or comfort to the
enemies thereof. But Congress may by a vote of two thirds
of each house remove such disability.

But neither the United States, nor -any state, shall as-
sume or pay any debt or obligation incurred in aid of insur-
rection or rebellion against the United States, or any claim
for the loss or emancipation of any slave ; but all such debts,
obligations, and claims, shall be held illegal and void.

Sect. 5. The Congress shall have power to enforce by
appropriate legislation the provisions of this article.

Therefore, Resolved, That the said proposed amendment
to the Constitution be, and the same is hereby, ratified by the
General Assembly of the State of South Carolina.

Resolved, That certified copies of the foregoing pream-
ble and resolution be forwarded by the governor to the

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President of the United States, to the Presiding Officer of
the United States Senate, and the Speaker of the United
States House of Representatives.

Adopted and ordered to be sent to the House of Repre-
sentatives for concurrence.

D. T. CORBIN

President Protempore

The House concurred and ordered to be returned to the

Senate.

F. J. Moses, Jr.

Speaker House of Representatives So. Ca.

House of Representatives S. C.

Thursday, July the 9 1868.

In the Senate "|

1868.)

Thursday July 9.

Received and ordered to be engrossed.

D. T. CoRBIN
President Protempore

Approved: July 15* 1868; R. K. Scott

Governor, of S. C.

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Executive Department,

State of Alabama,

Montgomery, July i6, 1868.

His Excellency, Andrew Johnson,

President of the United States,
Sir:

I have the honor to inclose herewith, as required by law,

a duly verified copy of a ** Resolve, Relating to the Joint

Resolution of the Congress of the United States, proposing

an amendment to the constitution of the United States,

known as Article Fourteen."

Very respectfully.

Your obedient servant,

W^^^ H. Smith

Governor of Alabama.

[indorsement.]

Montgomery, Ala, July 16, 1868.
W°* H. Smith,

Governor of Alabama,

Encloses verified copy of a Resolve relating to the proposed

amendment to the Constitution of the United States known

as Article XIV.

Respectfully referred to the Honorable the Secretary of

State.

By order of the President :

W** G. Moore,

July 20, 1868. Secretary.

765

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766

(Copy.)
State of Alabama.

Resolve, Relating to the Joint Resolution of the Con-
gress of the United States, proposing an amendment to the
Constitution of the United States, known as Article Four-
teen.

Whereas, The thirty ninth Congress of the United States, at
its first session, passed the following proposition to amend
the Constitution of the United States, by a Constitutional
majority of two thirds thereof, in the words following- to wit:

Be it resolved by the Senate and House of Representa-
tives of the United States of America in Congress assem-
bled, (two thirds of both Houses concurring) That die
following Article be proposed to the Legislatures of the
Several States as an amendment to the Constitution of
the United States, which, when ratified by thre fourth, of
said Legislatures, shall be valid as part of the Constitu-
tion, namely.

Article Fourteen.

Section i. All persons born or naturalized in the United

States, and Subject to the jurisdiction thereof, are citizens of

the United States, and of the State wherein, they reside. No

State shall make or enforce any law which shall abridge the

privileges or immunities of citizens of the United States ; nor

shall any State deprive any person of life, liberty or prop-
due
erty, without^process of law, nor deny to any person within

its jurisdiction the equal protection of the laws.
Section 2. Representatives shall be apportioned among the
Several States according to their respective numbers, count-
ing the whole number of persons in each State, excluding
Indians not taxed. But when the right to vote at any elec-

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76;

tion for the choice of electors for President and Vice Presi-
dent of the United States, Representatives in Congress, the
Executive and Judicial officers of a State, or members of
the Legislatures thereof is denied to any of the male inhab-
itants of such State, being twenty one years of age, and citi-
zens of the United States, or in any way abridged, except for
participation in Rebellion or other crime, the basis of repre-
sentation therein shall be reduced in the proportion which
the numbers of such male citizens shall bear to the whole
number of male citizens twenty one years of age in Such
State.

Section 3. No person shall be a Senator or Representative
in Congress, or Elector of President and Vice President or
hold any office, civil or military, under the United States,
or under any State, who, having previously taken an oath
as a member of Congress, or as an officer of the United
States, or as a member of any State Legislature, or as an
Executive or Judicial officer of any State, to support the
Constitution of the United States, shall have engaged in
insurrection or rebellion against the same, or given aid or
comfort to the enemies thereof; But Congress may by a
vote of two thirds of each House, remove such disability.
Section 4. The validity of the public debt of the United
States, authorized by law, including debts incurred for pay-
ment of pensions and bounties for services in suppressing
insurrection or rebellion, shall not be questioned; But neither
the United States nor any State shall assume or pay any
debt, or obligation, incurred in aid of insurrection or rebellion
against the United States, or any claim for the loss or eman-
cipation of any slave; but all such debts, obligations and
claims shall be held illegal and void.

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768

Section 5. The Congress shall have power to enforce by
appropriate legislation the provisions of this article: And
whereas, Three fourths of the Legislatures of the States com-
posing the United States are required to g^ve assent to the
said proposed amendment to the Constitution of the United
States before it becomes a part thereof, therefore

Resolved, by the General Assembly of Alabama That we
hereby ratify on behalf of the State of Alabama the above
recited proposed amendment to the Constitution of the
United States.

Resolved, That a certified copy of the foregoing preamble
and resolution be forwarded by the Governor of Alabama to
the President of the United States.

B. B. Mc.Craw,
Speaker of the House of Representatives

A. J. APPLtGATE,

President of the Senate
Approved, July 13. 1868.

W. H. Smith,

Governor.

Office of the Secretary of State.
Montgomery, Ala., July 16. 1868.
I certify that the foregoing is a true copy of a Joint Reso-
lution, as made from the official Roll on file in this office.

Given under my hand and the Great Seal of the

[seal.] State.

Charles A. Miller

Secretary of State.

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A Resolution

Whereas, at the session of the Thirty-Ninth Congress it
was resolved by the Senate and House of Representatives of
the United States of America in Congress assembled, two-
thirds of both Houses concurring, that the following article
shall be proposed to the Legislatures of the several States
as an amendment to the Constitution of the United States,
which amendment, when it shall have been ratified by three-
fourths of the said Legislatures shall be valid to all intents
and purposes as a part of the said Constitution, namely:

Article Fourteen
r-p Section i**

< All persons born, or naturalized in the United States and
^^ subject to the jurisdiction thereof are citizens of the United

< States and of the State wherein they reside. No State shall

< make or enforce any law which shall abridge the privileges
' — 'or immunities of the citizens of the United States, nor shall

any State deprive any person of life, liberty or property,
without due process of law, nor deny to any person within
its jurisdiction the equal protection of the laws.
Section 2^

4 AP 29. 769

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770

United States, Representatives in Congress, the executive
and judicial officers of a state, or the members of the Legis-
lature thereof, is denied to any of the male inhabitants of
such State, being twenty one years of age, and citizens of the
United States ; or in any way abridge, except for participa-
tion in rebellion or other crime, the basis of representation
therein shall be rendered in the proportion which the number
of such male citizens shall bear to the whole number of male
citizens, twenty one years of age in such State.
Section 3**

No person shall be a Senator or Representative in Con-
gress, or Elector of President and Vice President, or hold
any office, civil or military under the United States or under
any State, who, having previously taken an oath as a member
of Congress, or as an officer of the United States, or as a
member of any State Legislature, or as an executive or judi-
cial officer of any State, to support the Constitution of the
Unitecl States, shall have engaged in insurrection or rebellion
against the same ; or given aid and comfort to the enemies
thereof. But Congress may by a vote of two-thirds of each
House, remove such disability.
Section 4***

The validity of the public debt of the United States, au-
thorized by law, including debts incurred for payment of pen-
sions and bounties; for services in suppressing insurrection
or rebellion shall not be questioned. But neither the United
States, nor any State shall assume or pay any debt or obliga-
tion incurred in aid of insurrection or rebellion against the
United States ; or any claim for the loss or emancipation of
any slave ; but all such debts, obligations and claims shall be
held illegal and void.

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771

Section 5***

The Congress shall have power to enforce by appropriate
legislation, the provisions of this article.

Therefore, be it resolved, (if the Senate concur) that the

said proposed amendment to the Constitution, be, and

the same is hereby ratified by the Legislature of the State of

Georgia.

R. L. M^Whorter

Speaker of the House Rep*
J NO. J. Newton

Clerk of the House of Representatives.

Benjamin Conley

J. G. W. Mills President of the Senate.

Secretary of the Senate.

Approved February 2^ 1870.

RuFUs B. Bullock.

Governor.
Georgia.

Secretary of State's Office.

I, David G. Cotting, Secretary of State of Georgia, do
hereby certify that the above and foregoing three pages con-
tain a true copy of the Resolution, ratifying the fourteenth
amendment to the Constitution of the United States, passed
by the General Assembly of Georgia on the 2** day of Feb-
ruary, A. D. 1870. — the original of which resolution is on file
in this office.

Given under my Hand and the Great Seal of the
State, at the Capitol, in Atlanta, this, the 3** day of
February in the year of our Lord Eighteen Hun-
dred and Seventy, and of the Independence of the
United States of America the Ninety-Fourth.

David G. Cotting.
Secretary of State.

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Virginia :

I, Gilbert C. Walker, Governor of the State of Virginia,
do hereby certify that J. Bell Bigger, whose genuine sig-na-
ture is subscribed in attestation of the within copy, is, as he
there subscribes himself. Clerk of the House of Delegates
and Keeper of the Rolls of Virginia ; that his said attestation
is in due form and according to the law of this State ; and
that to all his official acts full faith, credit and authority are
due and ought to be given.

In testimony whereof, I have hereunto set my

the State to be affixed. Done at the City of

< hand as Governor, and caused the great seal of

Q
Z

< Richmond, this 20^*" day of October A. D. 1 869,

< and in the ninety fourth year of the Common-
er)

*"* wealth.

G. C. Walker
By the Governor.

Garrick Mallery

Sec'y Comth and Keeper of the Seals.

An Act, to ratify the Joint Resolution of Congress,
passed June 16**" 1866; proposing an amendment to the
Constitution of the United States of America.

Passed October 8^ 1869.

Whereas, It is provided by the constitution of the United

States of America, that Congress may, whenever two thirds

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of both houses deem it necessary, propose amendments to
the same, to be ratified by the Legislatures of three fourths
of the several states, or by conventions therein, as the one
or the other mode may be proposed by Congress.

And, whereas, by the Congress of the United States, on
the sixteenth day of June one thousand eight hundred and
sixty six, the following Joint Resolution was adopted:

**Be it resolved by the Senate and House of Repre-
sentatives of the United States of America in Congress
assembled, (two thirds of both houses concurring) That the
following article be proposed to the legislatures of the sev-
eral states, as an amendment to the Constitution of the
United States, which, when ratified by three fourths of said
legislature's, shall be valid as part of the constitution,

namely :

Article XIV

Section i. All persons born or naturalized in the United
States and subject to the jurisdiction thereof, are citizens of
the United States and of the State wherein they reside. No
State shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States; nor
shall any state deprive any person of life, liberty or prop-
erty, without due process of law, nor deny to any person
within its jurisdiction the equal protection of the laws.
Section 2. Representatives shall be apportioned among the
several states according to their respective numbers, count-
ing the whole number of persons in each state, excluding
Indians not taxed. But when the right to vote at any
election for the choice of electors for President and Vice-
President of the United States, representatives in Congress,
the executive and judicial Officers of a State, or the members

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774

of the legislature thereof, is denied to any of the male inhab-
itants of such state, being twenty-one years of age and citi-
zens of the United States, or in any way abridged, except for
participation in rebellion or other crime, the basis of repre-
sentation therein shall be reduced in the proportion which the
number of such male citizens shall bear to the whole number
of male citizens twenty one years of age in such state.
Section, 3. No person shall be a Senator or representative
in Congress, or elector of President and Vice-President, or
hold any Office, civil or military, under the United States,
or under any State, who, having previously takeh an Oath as
a member of Congress, or as an Officer of the United States,
or as a member of any State legislature, or as an executive,
or judicial Officer of any state, to support the Constitution
of the United States, shall have engaged in insurrection or
rebellion against the same, or given aid and comfort to the
enemies thereof, but Congress may, by a vote of two thirds
of each house, remove such disability.

Section, 4. The validity of the Public Debt, of the United
States authorized by law, including debts incurred for pay-
ment of pensions and bounties for services in suppressing
insurrection and rebellion, shall not be questioned; but
neither the United States nor any State shall assume or pay
any debt or obligation incurred in aid of insurrection or
rebellion against the United States, or any claim for the
loss or emancipation of any Slave; but all such debts, obli-
gations or claims, shall be held illegal and void.
Section, 5. The Congress shall have power to enforce by
appropriate legislation, the provisions of this article.'*

Therefore, Be it enacted by the General Assembly of
Virginia, That the aforesaid Amendment to the Constitution

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775

of the United States of America, be, and the same is hereby

ratified.

A copy from the Rolls

Teste

J Bell Bigger

Clerk of House of Delegates

& Keeper of Rolls of V*
October 20* 1869

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Whereas — The Congress of the United States proposed

the following as the Fourteenth Amendment to the Federal

Constitution, viz:

-Article XIV—

'* Section i — All persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are citizens of
the United States and of the State wherein they reside. No
State shall make or enforce any law which shall abridge
the privileges or immunities of citizens of the United States ;
nor shall any State deprive any person of life, h'berty, or
property without due process of law, nor deny to any person
within its jurisdiction the equal protection of the laws.

Sec. 2 — Representatives shall be apportioned among the
several States according to their respective numbers, count-
ing the whole number of persons in each State, excluding
Indians not taxed; but when the right to vote at any elec-
tion for the choice of Electors for President and Vice Presi-
dent of the United States, Representatives in Congress, the
Executive and Judicial Officers of a State, or the Members of
the Legislature thereof, is denied to any of the male inhabit-
ants of such State, being Twenty-one years of age, and citi-
zens of the United States, or in any abridged, except for
participation in rebellion or other crimes, the basis of repre-
sentation therein shall be reduced in the proportion which the
number of such male citizens shall bear to the whole number
of male citizens twenty-one years of age in such State —

*'Sec. 3 — No person shall be a Senator or Representative

776

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in Congress, or Elector for President and Vice President, or
hold any Office, civil or military, under the United States, or
under any State, who having previously taken an oath as a
Member of Congress, or as an officer of the United States,
or as a Member of any State Legislature, or as an Executive
or Judicial Officer of any State, to support the Constitution
of the United States, to have engaged in insurrection or re-
bellion against the same, or given aid or comfort to the
enimies thereof; but Congress may, by a vote of two-thirds
of each House remove such disability —

**Sec. 4 — The validity of the public debt of the United
States, authorized by law, including debts incurred for pay-
ment of Pensions and Bounties for services in suppressing
insurrection or rebellion, shall not be questioned; but neither
the United States, nor any State shall assume or pay any
debt or obligation incurred in aid of insurrection or rebellion
against the United States, or any claim for the loss or eman-
cipation of any slave ; but all such debts, obligations and
claims shall be illegal and void. —

**Sec. 5 — The Congress shall have power to enforce, by
appropriate legislation, the provisions of this Article."

Therefore —

Resolved, By the Senate (the House of Representa-
tives concurring herein). That the State of Mississippi, by its
Legislature, ratifies and consents to said Amendment. —

I, hereby certify that the above is a correct transcript of
the proceedings of the Senate, on the 15**" day of January,
A. D. 1870—

Attest :
Murray Peyton

Secretary of Senate

R. C. Powers,
Lieut-Governor and Ex-officio

President of the Senate —

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778

I hereby certify that the above is a correct copy of a joint
resolution, originating in the Senate, and passed by the
House of Representatives on the 17 day of January 1870.

Attest: ^ F. E. Franklin

RoBT J. Alcorn I Speaker of the

Clerk of House of Reps. J House of Representatives

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Joint Resolution.

Whereas, The Legislature of the State of Texas has assem-
bled under the Reconstruction Laws of the United States,
and has received official notification through the Governor of
the State that the following amendment to the Constitution
of the United States comes properly before this body for its
acceptance or rejection. The same being in the words fol-
owing to wit : —

Joint Resolution proposing an Amendment to the Constitu-
tion of the United States.

Be it resolved by the Senate and House of Representa-
tives of the United States of America in Congress assembled
(two thirds of both Houses concurring.) That the following
article be proposed to the Legislatures of the several States
as an amendment to the Constitution of the United States,
which when ratified by three fourths of said Legislatures
shall be valid as part of the Constitution, namely.

Article 14.

Section I. All persons born or naturalized in the United
States and subject to the jurisdiction thereof, are citizens of
the United States and of the States wherein they reside.
No State shall make or enforce any law which shall abridge
the privileges or immunities of citizens of the United States ;
nor shall any State deprive any person of life, liberty or
property, without due process of law, nor deny to any person
within its jurisdiction the equal protection of the laws.

Section II. Representatives shall be apportioned among the

779

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several States according to their respective numbers, count-
ing the whole number of persons in each State, excluding
Indians not taxed ; But when the right to vote at any election
for the choice of electors for President and Vice-President
of the United States, Representatives in Congress, the exec-
utive and judicial officers of a State, or the members of the
Legislature thereof, is denied to any of the male inhabitants
of such State, being twenty-one years of age and citizens of
the United States, or in any way abridged, except for partici-
pation in rebellion, or other crime, the basis of representa-
tion therein shall be reduced in the proportion which the
number of such male citizens shall bear to the whole number
of male citizens twenty-one years of age in such State.
Section III. No person shall be a Senator or Representative
in Congress, or elector of President and Vice-President or
hold any office, civil or military, under the United States,
who having previously taken an oath as a member of Con-
gress, or as an officer of the United States, or as a member
of any State Legislature, or as an executive or judicial offi-
cer of any State, to support the Constitution of the United
States, shall have engaged in insurrection or rebellion against
the same, or given aid or comfort to the enemies thereof.
But Congress may, by a vote of two thirds of each house,
remove such disability.

Section IV. The validity of the public debt of the United
States authorized by law, including debts incurred for pay-
ment of pensions and bounties for services in suppressing
insurrection or rebellion, shall not be questioned. But nei-
ther the United States nor any State shall assume or pay
any debt or obligation incurred in aid of insurrection or
rebellion against the United States, or any claim for the loss

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78 1

or emancipation of any slave ; but all such debts, obligations
and claims, shall be held illegal and void.
Section V. The Congress shall have power to enforce, by
appropriate legislation, the provisions of this article.

Schuyler Colfax
Speaker of the House of Representatives

B. F. Wade

President of the Senate pro tempore
Attest : —

Edw^ M^Pherson

Clerk of House of Representatives
Geo C. Gorham

Secretary of Senate U. S.
Therefore, resolved by the Legislature of the State of
Texas, That we hereby ratify, on behalf of the State
of Texas, the above recited Amendment to the Constitu-
tion of the United States.

Resolved, That certified copies of the foregoing preamble
and resolutions be forwarded by the Governor of the State
of Texas to the President of the United States, to the pre-
siding officer of the United States Senate, the Speaker of
the United States House of Representatives, and the Secre-
tary of State of the United States.

(signed) Ira. H. Evans

Speaker of the House of Representatives
J. W. Flanagan,

President of the Senate.
Attest

(signed) L. J. Gallant

Clerk House of Representatives

C. C. Allen

Secretary of Senate.

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782

Headquarters Fifth Military District

Office of Civil Affairs
Austin, Texas, February 25 1870.
I hereby certify that the above is a true and correct copy
of the Joint Resolution adopted by the Legislature of Texas
on the 18 day of February 1870, as appears from the Jour-
nals of the two Houses.

J. J. Reynolds

Brvt Major Genl. USA

Commanding.

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William H. Seward,
Secretary of State of the United States,
To all to whom these presents may come, greeting:
Whereas the Congress of the United States on or about
the sixteenth of June, in the year one thousand eight hun-
dred and sixty-six, passed a resolution which is in the words
and figures following, to wit:

** Joint Resolution proposing an Amendment to the Constitu-
tion of the United States.
Be it resolved by the Senate and House of Representatives
of the United States of America in Congress assembled, [two-
thirds of both Houses co7icurrhig,) That the following article
be proposed to the Legislatures of the several States as an
amendment to the Constitution of the United States, which,
when ratified by three-fourths of said Legislatures, shall be
valid as part of the Constitution, namely :

ARTICLE XIV.

Section 2. Representatives shall be apportioned among

783

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the several States according to their respective numbers,
counting the whole number of persons in each State, exclud-
ing Indians not taxed. But when the right to vote at any
election for the choice of electors for President and Vice
President of the United States, Representatives in Congress,
the executive and judicial officers of a State, or the members
of the Legislature thereof, is denied to any of the male inhab-
itants of such State, being twenty-one years of age, and citi-
zens of the United States, or in any way abridged, except for
participation in rebellion or other crime, the basis of repre-
sentation therein shall be reduced in the proportion which the
number of such male citizens shall bear to the whole number
of male citizens twenty-one years of age in such State.

Section 3. No person shall be a Senator or Representa-
tive in Congress, or elector of President and Vice President,
or hold any office, civil or military, under the United States, or
under any State, who, having previously taken an oath, as a
member of Congress, or as an officer of the United States,
or as a member of any State Legislature, or as an executive
or judicial officer of any State, to support the Constitution
of the United States, shall have engaged in insurrection or
rebellion against the same, or given aid or comfort to the
enemies thereof. But Congress may, by a vote of two-thirds
of each House, remove such disability.

Section 4. The validity of the public debt of the United
States, authorized by law, including debts incurred for pay-
ment of pensions and bounties for services in suppressing in-
surrection or rebellion, shall not be questioned. But neither
the United States nor any State shall assume or pay any debt
or obligation incurred in aid of insurrection or rebellion
against the United States, or any claim for the loss or eman-

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785

cipation of any slave; but all such debts, obligations, and
claims shall be held illegal and void.

Section 5. The Congress shall have power to enforce,
by appropriate legislation, the provisions of this article.

Schuyler Colfax,
Speaker of the House of Representatives,
La Fayette S. Foster,
President of the Senate pro tempore.
Attest: Edwd. McPherson,

Clerk of the House of Representatives,
J. W. Forney,

Secretary of the Senate!'
And whereas by the second section of the act of Con-
gress, approved the twentieth of April, one thousand eight
hundred and eighteen, entided **An act to provide for the
publication of the laws of the United States and for other
purposes,'* it is made the duty of the Secretary of State
forthwith to cause any amendment to the Constitution of the
United States which has been adopted according to the pro-
visions of the said Constitution to be published in the news-
papers authorized to promulgate the laws, with his certificate
specifying the States by which the same may have been
adopted, and that the same has become valid to all intents and
purposes, as a part of the Constitution of the United States ;
And whereas neither the act just quoted from nor any
other law, expressly or by conclusive implication, authorizes
the Secretary of State to determine and decide doubtful
questions as to the authenticity of the organization of State
legislatures or as to the power of any State legislature to
recall a previous act or resolution of ratification of any

amendment proposed to the Constitution ;

4 AP 30.

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786

And whereas it appears from official documents on file in
this Department that the amendment to the Constitution of
the United States proposed as aforesaid has been ratified by
the legislatures of the States of Connecticut, New Hamp-
shire, Tennessee, New Jersey, Oregon, Vermont, New York,
Ohio, Illinois, West Virginia, Kansas, Maine, Nevada, Mis-
souri, Indiana, Minnesota, Rhode Island, Wisconsin, Pennsyl-
vania, Michigan, Massachusetts, Nebraska, and Iowa ;

And whereas it further appears from documents on file
in this Department that the amendment to the Constitution
of the United States proposed as aforesaid has also been
ratified by newly constituted and newly established bodies
avowing themselves to be, and acting as the legislatures
respectively of the States of Arkansas, Florida, North Caro-
lina, Louisiana, South Carolina, and Alabama ;

And whereas it further appears from official documents
on file in this Department that the legislatures of two of the
States first above enumerated, to wit, Ohio and New Jersey,
have since passed resolutions respectively withdrawing the
consent of each of said States to the aforesaid amendment,
and whereas it is deemed a matter of doubt and uncertainty
whether such resolutions are not irregular, invalid and there-
fore ineffectual for withdrawing the consent of the said two
States or of either of them to the aforesaid amendment ;

And whereas the whole number of States in the United
States is thirty-seven, to wit : New Hampshire, Massachu-
setts, Rhode Island, Connecticut, New York, New Jersey,
Pennsylvania, Delaware, Maryland, Virginia, North Carolina,
South Carolina, Georgia, Vermont, Kentucky, Tennessee,
Ohio, Louisiana, Indiana, Mississippi, Illinois, Alabama,
Maine, Missouri, Arkansas, Michigan. Florida, Texas, Iowa,

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787

Wisconsin, Minnesota, California, Oregon, Kansas, West
Virginia, Nevada and Nebraska ;

And whereas the twenty-three States first hereinbefore
named, whose legislatures have ratified the said proposed
amendment, and the six States next thereafter named, as
having ratified the said proposed amendment by newly con-
stituted and established legislative bodies, together constitute
three-fourths of the whole number of States in the United
States ;

Now, therefore, be it known that I, William H. Seward,
Secretary of State of the United States, by virtue and in pur-
suance of the second section of the Act of Congress approved
the twentieth of April, eighteen hundred and eighteen, herein-
before cited, do hereby certify that, if the resolutions of the
legislatures of Ohio and New Jersey ratifying the aforesaid
amendment are to be deemed as remaining of full force and
effect, notwithstanding the subsequent resolutions of the leg-
islatures of those States which purport to withdraw the con-
sent of said States from such ratification, then the aforesaid
amendment has been ratified in the manner hereinbefore
mentioned and so has become valid to all intents and pur-
poses as a part of the Constitution of the United States.

In testimony whereof, I have hereunto set my hand and
caused the seal of the Department of State to be affixed

Done at the City of Washington this twentieth
day of July, in the year of our Lord one thousand
[seal.] eight hundred and sixty-eight, and of the Inde-
pendence of the United States of America the
ninety-third

William H Seward,

Secretary of State.

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William H. Seward,

Secretary of State of the United States,

To all to whom these presents may come. Greeting,

Whereas by an Act of Congress passed on the twentieth
of April one thousand eight hundred and eighteen, entitled
**An Act to provide for the publication of the laws of the
United States and for other purposes'* it is declared, that
whenever official notice shall have been received at the De-
partment of State that any amendment which heretofore has
been and hereafter may be proposed to the Constitution of
the United States has been adopted according to the provi-
sions of the Constitution, it shall be the duty of the said Sec-
retary of State forthwith to cause the said amendment to be
published in the newspapers authorized to promulgate the
laws, with his certificate, specifying the States by which the
same may have been adopted, and that the same has become
valid to all intents and purposes as a part of the Constitution
of the United States.

And whereas the Congress of the United States, on or
about the sixteenth day of June, one thousand eight hundred
and sixty-six, submitted to the legislatures of the several
States a proposed amendment to the Constitution in the fol-
lowing words, to wit:

'*Joint Resolution proposing an Amendment to the Constitu-
tion of the United States.

Be it resolved by the Senate and House of Representatives
of the United States of America in Congress assembled, [two-
thirds of both Houses concurring,) That the following article
be proposed to the Legislatures of the several States as an
amendment to the Constitution of the United States, which

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when ratified by three-fourths of Said Legislatures, shall be
valid as part of the Constitution, namely :

ARTICLE XIV.

Section 2. Representatives shall be apportioned among
the several States according to their respective numbers,
counting the whole number of persons in each State, exclud-
ing Indians not taxed. But when the right to vote at any
election for the choice of electors for President and Vice
President of the United States, Representatives in Congress,
the executive and judicial officers of a State, or the members
of the Legislature thereof, is denied to any of the male in-
habitants of such State, being twenty-one years of age, and
citizens of the United States, or in any way abridged, except
for participation in rebellion or other crime, the basis of rep-
resentation therein shall be reduced in the proportion which
the number of such male citizens shall bear to the whole
number of male citizens twenty-one years of age in such
State.

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790

a member of Congress, or as an officer of the United States,
or as a member of any State Legislature, or as an executive
or judicial officer of any State, to support the Constitution
of the United States, shall have engaged in insurrection or
rebellion against the same, or given aid or comfort to the
enemies thereof But Congress may, by a vote of two-thirds
of each House, remove such disability.

Section 4. The validity of the public debt of the United
States, authorized by law, including debts incurred for pay-
ment of pensions and bounties for services in suppressing
insurrection or rebellion, shall not be questioned. But
neither the United States nor any State shall assume or
pay any debt or obligation incurred in aid of insurrection or
rebellion against the United States, or any claim for the loss
or emancipation of any slave ; but all such debts, obligations,
and claims shall be held illegal and void.

Section 5. The Congress shall have power to enforce,

by appropriate legislation, the provisions of this article.

Schuyler Colfax,

Speaker of the House of Representatives.

La Fayette S. Foster,

President of the Senate pro tempore.
Attest:

Edwd. McPherson,

Clerk of the House of Representatives.
J. W. Forney,

Secretary of the Senate!'

And whereas the Senate and House of Representatives
of the Congress of the United States on the twenty-first day
of July, one thousand eight hundred and sixty-eight, adopted
and transmitted to the Department of State a concurrent

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791

resolution, which concurrent resolution is in the words and
figures following, to wit:

**In Senate of the United States, July 21, 1868.

Whereas the legislatures of the States of Connecticut,
Tennessee, New Jersey, Oregon, Vermont, West Virginia,
Kansas, Missouri, Indiana, Ohio Illinois, Minnesota, New
York, Wisconsin, Pennsylvania, Rhode Island, Michigan,
Nevada, New Hampshire, Massachusetts, Nebraska, Maine,
Iowa, Arkansas, Florida, North Carolina, Alabama, South
Carolina and Louisiana, being three fourths and more of the
several States of the Union have ratified the fourteenth
article of amendment to the Constitution of the United
States, duly proposed by two thirds of each House of the
thirty-ninth Congress; therefore

Resolved by the Senate (the House of Representatives

concurring) that said fourteenth article is hereby declared

to be a part of the Constitution of the United States, and it

shall be duly promulgated as such by the Secretary of State.

Attest

Geo. C. Gorham,

Secretary.
In the House of Representatives,

July 21, 1868.
Resolved, That the House of Representatives concur in
the foregoing Concurrent Resolution of the Senate ** declar-
ing the ratification of the fourteenth article of amendment of
the Constitution of the United States.

Attest Edw^ M^Pherson,

Clerk."

And whereas official notice has been received at the De-
partment of State that the legislatures of the several States

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next hereinafter named, have, at the times respectively
herein mentioned taken the proceedings hereinafter recited
upon or in relation to the ratification of the said proposed
Amendment, called Article fourteenth namely:

The legislature of Connecticut ratified the amendment
June 30* 1866; the legislature of New Hampshire ratified it
July 7* 1866; the legislature of Tennessee ratified it July
19'** 1866; the legislature of New Jersey ratified it Septem-
ber II* 1866, and the legislature of the same State passed a
resolution in April 1868, to withdraw its consent to it; the
legislature of Oregon ratified it September 19*** 1866; the
legislature of Texas rejected it November i" 1866; the leg-
islature of Vermont ratified it on or previous to November
9''' 1 866 ; the leg^islature of Georgia rejected it Novem-
ber I y^ 1866; and the legislature of the same State ratified
it July 21" 1868; the legislature of North Carolina rejected it
December 4* 1866, and the legislature of the same State
ratified it July 4*** 1868; the legislature of South Carolina
rejected it December 20^** 1866. and the legislature of the
same State ratified it July 9'*" 1868; the legislature of Vir-
ginia rejected it January 9^*^ t86^ ; the legislature of Ken-
tucky rejected it January lo**" 1867 ; the legislature of New
York ratified it January 10*^ 1867; the legislature of Ohio
ratified it January ii'*" 1867, and the legislature of the same
State passed a resolution in January 1868, to withdraw its
consent to it; the legislature of Illinois ratified it January
15'^ 1867; the legislature of West Virginia ratified it Janu-
ary 16''' 1867; the legislature of Kansas ratified it January
18'*" 1867; the legislature of Maine ratified it January 19'**
1867; the legislature of Nevada ratified it January 22*^ 1867;
the legislature of Missouri ratified it on or previous to Janu-

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ary 26'** 1867; the legislature of Indiana ratified it January
29*'' 1867; the legislature of Minnesota ratified it February
I*' 1867; the legislature of Rhode Island ratified it Febru-
ary f^ 1867; the legislature of Delaware rejected it Feb-
ruary j^ 1867; the legislature of Wisconsin ratified it
February 13**" 1867; the legislature of Pennsylvania ratified
it February 13**" 1867; the legislature of Michigan ratified it
February 15'** 1867; the legislature of Massachusetts ratified
it March 20**" 1867; the legislature of Maryland rejected it
March 23** 1867; the legislature of Nebraska ratified it June
15*** 1867; the legislature of Iowa ratified it April 3** 1868;
the legislature of Arkansas ratified it April 6^*" 1868; the
legislature of Florida ratified it June 9'*" 1868; the legislature
of Louisiana ratified it July 9'** 1868; and the legislature of
Alabama ratified it July 13'** 1868 :

Now, therefore, be it known that I, William H. Seward,
Secretary of State of the United States, in execution of the
aforesaid act, and of the aforesaid concurrent resolution of
the 21" of July, i868,*and in conformance thereto, do hereby
direct the said proposed amendment to the Constitution of
the United States to be published in the newspapers author-
ized to promulgate the laws of the United States, and I do
hereby certify that the said proposed amendment has been

in the manner hereinbefore mentioned,

adopted,^by the States specified in the said concurrent reso-
lution, namely, the States of Connecticut, New Hampshire,
Tennessee, New Jersey, Oregon, Vermont New York,
Ohio, Illinois, West Virginia, Kansas, Maine, Nevada, Mis-
souri, Indiana, Minnesota, Rhode Island, Wisconsin, Pennsyl-
vania, Michigan, Massachusetts, Nebraska, Iowa, Arkansas,
Florida, North Carolina, Louisiana, South Carolina, Ala-
bama and also by the legislature of the State of Georgia;

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794

the States thus specified being more than three fourths of the
States of the United States.

And I do further certify that the said amendment has be-
come valid to all intents ^nd purposes as a part of the Con-
stitution of the United States.

In testimony whereof, I have hereunto set my hand and
caused the seal of the Department of State to be affixed.

Done at the City of Washington this twenty eighth
day of July in the year of our Lord, one thousand
[seal.] eight hundred and sixty-eight, and of the Inde-
pendence of the United States of America the

ninety-third.

William H Seward,

Secretary of State.

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Fortieth Congress of the United States of America ;

At the third Session,

Begun and held at the city of Washington, on Monday, the
seventh day of December, one thousand eight hundred
and sixty-eight

A RESOLUTION

Proposing an amendment to the Constitution of the United

States.

Resolved by the Senate and House of Representatives
of the United States of America in Congress assembled,
(two-thirds of both Houses concurring) That the following
article be proposed to the legislatures of the several States
as an amendment to the Constitution of the United States,
which, when ratified by three-fourths of said legislatures
shall be valid as part of the Constitution, namely:

Article XV.

Section i. The right of citizens of the United States to
vote shall not be denied or abridged by the United States or
by any State on account of race, color, or previous condition
of servitude —

795

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796

Section 2. The Congress shall have power to enforce

this article by appropriate legislation —

Schuyler Colfax

Speaker of the House of Representatives.

B. F. Wade

President of the Senate pro tempore.
Attest:

Edw^ M^Pherson

Clerk of House of Representatives.
Geo. C. Gorham

Secy of Senate U. S.

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State of Nevada.
Executive Department,

Carson City, Sepf 23"* 1869.
Hon. Hamilton Fish,
Secretary of State, U. S. A.
Washington City, D. C.
Dear Sir,

I am requested by His Excellency, H. G. Blasdel,
Governor of Nevada, to forward to you, by U. S., Mail, a
certified copy of a Joint Resolution of the Legislature of
Nevada, ratifying the Fifteenth Amendment of the Consti-
tution of the United States.

Hoping you may receive the same in due course of mail,
I am, most sincerely, your ob* serv'

Thomas Wells.

Private Secretary.

Joint Resolution.

Resolved — By the Senate and Assembly conjointly that the
Legislature of Nevada hereby ratifies and confirms the
amendment to the Constitution of the United States, pro-
posed by Congress, which adds thereto, an Article in terms

as follows:

Article Fifteen

Section One. The right of Citizens of the United States, to

vote, shall not be denied or abridged by the United States,

797

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798

or by any State, on account of race, color or previous condi-
tion of servitude

Section Two. The Congress shall have power to enforce this
article by appropriate legislation.

T. D. Edwards.
President of the Senate — Pro-tem.
D. O. Adkison.
Speaker of the Assembly.
Cha^ F. Bicknell.

Ass*t. Secretary of the Senate.

A. H. KiRKPATRICK.

Ass't. Clerk of the Assembly.

Indorsed. — Assembly Joint Resolution, No 39. — Relative to
proposed amendment to the Constitution of the United
States, — Introduced March i. 1869. — Passed March i, 1869. —
Yeas. 23. Nays 16.

A. H. KiRKPATRICK.

Asst. Clerk of the Assembly.

Introduced, — from Assembly March i, 1869. Passed March

I, 1869. Yeas 13: Nays 6.

Cha^ F Bicknell
Ass.t. Secretary of the Senate.

[ss.^

State Department]
Secretary's Office

I C. N. Note\vare Secretary of State of the State of
Nevada, do hereby certify that the foregoing is a true, full
and correct copy of the original Enrolled Joint Resolution,
passed by the Legislature of the State of Nevada at the
Fourth Session thereof, ratifying the proposed Amendment

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799

to the Constitution of the United States, which adds thereto

Article Fifteen

In Testimony whereof, I have hereunto set my

hand and affixed the Great Seal of the State of
[seal.]

Nevada — Done at Office in Carson City this the

Sixteenth day of September A D 1869.

C. N. NOTEWARE

Secretary of State.

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State of North Carolina,

EXECUTIVE DEPARTMENT,

Raleigh, March 6*^ 1869.
To His Excellency

The President of the United States
Sir:

I have the honor to transmit herewith a true copy of the

original joint resolution of the General Assembly of this

State, ratifying the proposed amendment to the Constitution

of the United States of America, Styled ** Article Fifteenth"

I have the honor to be

With great respect

Your Obedient Servant

W. W. HoLDEN, Governor

**A Joint Resolution ratifying the proposed Amendment to
the Constitution of the United States of America styled
** Article Fifteen/*

Whereas the General Assembly has received official noti-
fication of the passage by both Houses of the 40* Congress
of the United States, of the following proposition, to amend
the Constitution of the United States, by a Constitutional
majority of two thirds thereof, in words, to wit

*'A Resolution proposing an amendment to the Constitu-
tion of the United States,*'

Resolved by the Senate and House of Representatives of the

800

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8oi

United States of America, in Congress assembled (two thirds
of both Houses concurring) that the following Article be pro-
posed to the Legislatures of the several States as an amend-
ment to the Constitution of the United States, which, when
ratified by three-fourths of said Legislatures, shall be valid as
part of the Constitution, namely : —

Article XV.

Section i . The right of citizens of the United States to vote,
shall not be denied or abridged by the United States or
by any State, on account of race, color or previous con-
dition of servitude.
Section 2. The Congress shall have power to enforce this
article by appropriate legislation.
Therefore,

Be it resolved by the General Assembly of North Caro-
lina that the said amendment to the Constitution of the
United States be, and the same is hereby ratified by the
General Assembly of North Carolina.

Resolved, that certified copies of the foregoing preamble
and resolution be fowarded by the Governor to the President
of the United States, to the presiding officer of the United
States Senate and the Speaker of the United States House
of Representatives.

(signed) Jo. W. Holden

In General Assembly

read three times and

ratified this 5*^ day of

March A. D. 1869.
4 AP 31.

Speaker of the House,
(signed) Tod. R. Caldwell

President of the Senate,

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802

State of North Carolina

[seal.] Office Secretary of State

Raleigh N. C. March 5 1869.

I, Henry J. Menninger, Secretary of State, hereby certify

that the foregoing is a true copy of the original Resolution

on file in this Office.

H. J. Menninger

Secretary of State
[wrapper.]

Executive.

March 10'** 1869

Case of Holden W. W Gov, No. Ca

Transmits copy of joint Resolution of Gen'l Assembly

ratifying the Amendment to Constitution Article 15.

Respectfully referred to the Hon. the Secretary of State

By order of the President,

O E Babcock

Brev Brig Genl Secretary.

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The State of West Virginia,

EXECUTIVE DEPARTMENT,

Wheeling, March lo*^ 1869
Hon Elihu Washburn

Secretary of State of the. U. S.

Washington, D. C.
Sir

I have the honor to acknowledge the receipt of your com-
munication of the 27 ultimo transmitting **an attested copy
of a Resolution of Congress, proposing to the Legislatures of
the several States a Fifteenth Article to the Constitution
of the United States/'

And at the same time transmit in accordance with law, a
** Joint Resolution passed by the Legislature of this State
ratifying the amendment proposing a Fifteenth article to the
Constitution of the United States/'
Very Respectfully

Your Obt Servt

W. E. Stevenson.

Governor

Joint Resolution ratifying the amendment proposing a
Fifteenth article to the Constitution of the United States

Whereas, The Senate and House of Representatives of
the United States of America, in Congress assembled, by a

concurrent vote of two thirds of both Houses have proposed

803

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8o4

to the Legislatures of the several states the fcdlowing amend-
ment to the Constitution of the United States, to be classified
as Article Fifteen of the amendments to said constitution,

namely :

** Article XV.

Section i. The right of citizens of the United States to
vote shall not be denied or abridged by the United States
or by any state on account of race, color or previous condi-
tion of servitude.

Section 2. The Congress shall have power to enforce this
article by appropriate legislation."

Resolved by the Legislature of West Virginia:

That the said proposed amendment is hereby ratified.

Adopted March 3. 1869.

State of West Virginia:
Clerk's Office House of Delegates.
I, William P. Hubbard, Clerk of the House of Delegates,
and Keeper of the rolls, certify that the foregoing is a true
transcript from the original rolls, on file in this office.
Given under my hand this 4th day of March 1869.

W^ P. Hubbard
Clerk of the House of Delegates,

and Keeper of the Rolls.

State of West Virginia ")
Office Secretary of State)

I James. M. Pipes Secretary of the State aforesaid do cer-
tify that W"" P. Hubbard whose name is subscribed to the
foregoing certificate was at the date thereof Clerk of the
House Delegates and as such Keeper of the Rolls of this

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8o5

State and that the Signature thus attached is his genuine

Signature.

In Witness Whereof I hereunto Set my hand and

affixed the Great Seal of the said State in my said
[seal.]

office at the City of Wheeling this tenth day of

March 1869

J. M. Pipes,

Secretary of the State

[indorsement.]

Joint Resolution ratifying the amendment proposing a Fif-
teenth Article to the Constitution of the United States

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State of Louisiana

EXECUTIVE DEPARTMENT.

New Orleans, March i8'*^ 1869.
Hon Hamilton Fish,

Secretary of State,

Washington D. C.
I have the honor to transmit herewith, a certified copy of
the Joint Resolution ratifying and accepting the Fifteenth
Amendment to the Constitution of the United States, ap-
proved March 5*** 1869.

I have the honor to be

Very Respectfully

Y'r Ob't Serv t

H. C. Warmoth
Governor of Louisiana

State of Louisiana,

Office of Secretary of State.

New Orleans, 1868.

Joint Resolution

Whereas. The Congress of the United States has adopted

a resolution proposing an Amendment to the Constitution of

the United States, to be submitted to the Legislatures of the

several States and to known as Article Fifteenth of said
Constitution, as follows:

Article XV Section I The right of citizens of the United

806

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8o7

States, to vote, shall not be denied or abridged by the
United States or any State on account of race, color or pre-
vious Condition of servitude

Section II The Congress shall have power to enforce this
Article by appropriate Legislation, passed February Twenty
sixth Eighteen hundred and sixty nine.

Resolved By the Senate and House of Representatives
of the State of Louisiana in General Assembly convened.

That the said Constitutional Amendment in manner and
form as proposed and submitted by the Congress of the
United States, be and the same is, on the part of the State
of Louisiana hereby ratified and accepted.

(signed) Chas W. Lowell

Speaker of the House of Representatives
(signed) Oscar I. Dunn.

Lieut Gov. and President of the Senate
Approved March 5'** 1869

(signed) H. C. Warmoth.

Governor of the State of Louisiana

State of Louisiana

Office Secretary of State

New Orleans March 12*** 1869

This is to certify that tlie foregoing Joint Resolution is a

true and correct Transcript of the Original on file in this

Office

Given under my hand and the Seal of the State

[seal.] affixed this 18**" day of March 1869 and of the inde-
pendence of the United States the Ninety third

Pitt Cravath
Asst. Secretary of State

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State of Illinois

Executive Department.

Springfield August 31*' 1869
Hon Hamilton Fish

Secretary of State

Washington D. C.
Sir.

I have the honor to transmit herewith the ** Joint Resolu-
tion ** of the 26'*" General Assembly of the State of Illinois
ratifying an amendment to the Constitution of the United
States duly attested

I am Sir

Very truly

Your obt Servt.

John M Palmer

Q C
O V

Joint Resolution
of the 26'*" General Assembly of the State of Illinois
c3 Adopted at its Regular Session March 5, 1869.

0 c^ Whereas the Congress of the United States has proposed
J ^ the following Article as an Amendment to the Constitution
> o of the United States, Viz ;

1 B ARTICLE XV.

< u ^ ^ ^ ^ •

r^. V Sec. I. ''The right of Citizens of the United States to vote

^ . .

shall not be denied or abridged by the United States

•4-*

V or by any State on account of race, color or previous

^ condition of servitude.'*

808

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8o9

05 Sec. 2. **The Congress shall have power to enforce this

H o article by appropriate Legislation "

o ^

(^ V Therefore Resolved by the Senate, the House of Represent-
ed vg atives concurring herein,
w ^ That the State of Illinois, by its Legislature, ratifies and

— » U consents to said Amendment,
U John Dougherty, F Corwin

tj Speaker of the Senate. Speaker of the House.

John M. Palmer
Governor of Illinois.

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State of Michigan

EXECUTIVE OFFICE

Lansing March 19. 1869.
To the Hon Hamilton Fish

Secretary of State

Washington
Dear Sir. I have the honor of transmitting this day to
Senator Chandler — to be placed on file in the Office of the
Secretary of State, an official copy of the Joint Resolution of
the Legislature of Michigan — Ratifying the proposed amend-
ment to the Constitution of the United States, to be known
as the Fifteenth article of said Constitution

Very truly Yours

Henry P. Baldwin

Joint Resolution
Ratifying the proposed Amendment to the Constitution of
the United States.

Whereas. The Congress of the United States, after solemn
and mature deliberation therein has by a vote of two thirds of
both houses passed a concurrent resolution submitting to the
legislatures of the several States a proposition to amend
the Constitution of the United States, which resolution is
in the following words :
Resolved, by the Senate and House of Representatives of

the United States of America, in Congress, assembled, (two

810

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8ii

thirds of both houses concurring) That the following Article
be proposed to the Legislatures of the several States as an
Amendment to the Constitution of the United States, which,
when ratified by three-fourths of said legislatures shall be
valid as part of the Constitution, namely,

Article XV.

Section, i. That the right of Citizens of the United States, to
vote shall not be denied or abridged by the United States, or
by any State, on account of race, color, or previous condition
of servitude.

Section. 2. Congress shall have power to enforce this Article
by appropriate legislation.

Therefore. Resolved, by the Senate and House of Represent-
atives of the State of Michigan, That in the name and behalf
of the people of this State, we do hereby ratify, approve, and
assent to, the said Amendment.

Resolved, That a copy of this assent and ratification, en-
grossed on parchment be transmitted by His Excellency the
Governor, to the Senate and House of Representatives of
the United States in Congress, assembled and to the Secre-
tary of State of the United States.

Morgan Bates,
President of the Senate.
l^^^^'l J. J. Woodman

Speaker of the House of Representatives.

»-4

a.*
>

.£

*c^

V
X

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State of Wisconsin

OFFICE OF THE SECRETARY OF STATE,

Madison March i6 1869

To the Honorable the Secretary of State

Washington, D. C.
Sir.

I herewith send you a certified copy of a Joint Resolution

passed by the Legislature of this State concurring in the

proposed amendment to the constitution of the United

States.

Very respectfully

Your Obt Servt

Tho^ S. Allen

Secretary of State

Joint Resolution
Ratifying the proposed amendment to the Constitution of the
United States.

Whereas. The Congress of the United States has pursuant
to article V of the constitution, proposed to the Legislatures
of the several states the following amendment to the consti-
tution of the United States, named.

Article Fifteen

I. The right of the citizens of the United States to vote shall

not be denied or abridged by the United States or by any

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state on account of race, color or previous condition of servi-
tirde.

2. The Congress shall have power to enforce this article by
appropriate legislation.

Therefore, Resolved by the Senate and Assembly of the
State of Wisconsin in Legislature assembled, That the said
article as such proposed amendment to the constitution of
the United States be, and the same is hereby ratified.

A. M. Thomson
Speaker of the Assembly
G. C. Hazelton
President of the Senate Pro. tern.
Approved March 9th, 1869.

Lucius Fairchild

Governor

in,)

Vss

State of Wisconsin,
Secretary's Office,

The Secretary of State of the State of Wisconsin hereby
certifies, that the foregoing has been compared with the orig-
inal Joint Resolution now on file in this office, and that the
same is a true and correct copy thereof, and of the whole of
such original.

In Witness Whereof, I have hereunto set my hand
and affixed the Great Seal of the State, at the Cap-
itol in Madison, this Sixteenth day of March A. D.

1869.

Tho^ S. Allen

Secretary of State

[seal.]

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Commonwealth of Massachusetts.

Executive Department
Boston, March 17 1869.
Hon. Hamilton Fish,

Secretary of State,
Sir:

I have the honor to transmit, herewith, a certified copy of
the preamble and resolution, by whose adoption the Legisla-
ture of the Commonwealth of Massachusetts ratified the
Amendment to the Constitution of the United States, re-
cently passed by the Fortieth Congress, and known as
** Article Fifteen."

Very respectfully,

Your obedient servant,

William Claflin

Commonwealth of Massachusetts.

In the year One Thousand Eight Hundred and Sixty-nine.

Resolves
relative to an Amendment of the Constitution of the United
States.

Whereas, the Legislature has received official notifica-
tion of the passage by both houses of the fortieth Con-
gress of the United States of the following proposition to

amend the Constitution of the United States, by a consti-

814

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tutional majority of two thirds thereof, in words following,
to wit : —

**A Resolution proposing an Amendment to the Consti-
tution of the United States.

Resolved, by the Senate and House of Representatives of
the United States of America in Congress assembled, (two
thirds of both houses concurring,) That the following Article
be proposed to the legislatures of the several States as an
Amendment to the Constitution of the United States, which,
when ratified by three fourths of said legislatures, shall be
valid as part of the Constitution, namely:*' —

** Article Fifteen.

Section i. The right of citizens of the United States to vote
shall not be denied or abridged by the United States, or by
any State, on account of race, color, or previous condition of
servitude. Section 2. The Congress shall have power to
enforce this Article by appropriate legislation.'*
Therefore Resolved, That the said proposed Amendment
to the Constitution be and the same is hereby ratified by
the Legislature of the Commonwealth of Massachusetts.
Resolved, That certified copies of the foregoing preamble
and resolution be forwarded by the Governor to the Presi-
dent of the United States, the Presiding Officer of the United
States' Senate, the Speaker of the United States House of
Representatives, and the State Department of the United
States.

Senate, March 9. 1869.
Passed,

Sent down for concurrence.

S. N. GiFFORD. Clerk.

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House of Representatives, March 12. 1869.
Passed in concurrence.

W. S. Robinson. Clerk.

Secretary's Department.

Boston, March 17. 1869.
I certify the foregoing to be a true copy of original
Resolve, Witness the Seal of the Commonwealth
hereunto affixed.

Oliver Warner.
Secretary of the Commonwealth.
[seal.]

Commonwealth of Massachusetts.
Executive Department.

Boston, March 17, 1869,
His Excellency, U. S. Grant,

President of the United States :
Sir:

I have the honor to transmit, herewith, a certified copy
of the preamble and resolution, by whose adoption the Leg-
islature of the Commonwealth of Massachusetts ratified the
Amendment to the Constitution of the United States, re-
cently passed by the Fortieth Congress, and known as
** Article Fifteen.''

Very respectfully.

Your obedient servant,

William Claflin

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8i7

Commonwealth of Massachusetts.

In the year One Thousand Eight Hundred and Sixty-nine.

Resolves
relative to an Amendment of the Constitution of the United
States.

Whereas, the Legislature has received official notification
of the passage, by both houses of the fortieth Congress of
the United States, of the following proposition to amend the
Constitution of the United States, by a constitutional ma-
jority of two thirds thereof, in words following, to wit:

**A Resolution proposing an Amendment to the Consti-
tution of the United States.

Resolved, by the Senate and House of Representatives of
the United States of America, in Congress assembled, (two
thirds of both houses concurring,) That the following Article
be proposed to the legislatures of the several States as an
Amendment to the Constitution of the United States, which,
when ratified by three fourths of said legislatures, shall be
valid, as part of the Constitution, namely:*'

*' Article Fifteen.

Section i. The right of citizens of the United States to vote

shall not be denied or abridged by the United States or by

any State on account of race, color, or previous condition of

servitude. Section 2. The Congress shall have power to

enforce this article by appropriate legislation."

Therefore Resolved, That the said proposed Amendment

to the Constitution be and the same is hereby ratified by the

Legislature of the Commonwealth of Massachusetts.

Resolved, That certified copies of the foregoing preamble
4 AP 32.

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8i8

and resolution be forwarded by the Governor to the Presi-
dent of the United States, the Presiding Officer of the United
States Senate, the Speaker of the United States House of
Representatives, and the State Department of the United

States

Senate, March 9, 1 869.

Passed

Sent down for concurrence.

S. N. GiFFORD, Clerk.

House of Representatives, March 12, i86g.

Passed in concurrence.

W. S. Robinson, Clerk.

Commonwealth of Massachusetts,

Secretary's Department.

Boston, March 17, 1869.

I certify the foregoing to be a true copy of the original

resolve. Witness the Seal of the Commonwealth

hereunto affixed.

Oliver Warner

Secreta4-y of the Commonwealth.
[wrapper.]

Executive.

Case of Claflin W" Gov of Mass

Transmits copy of ratification of Article 15 Amendment

to Constitution

Respectfully referred to the Hon. the Secretary of State

By order of the President,

O. E. Babcock

Secretary.

Mar 20* 1869

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State of Maine.

secretary's office

Augusta, March 17 1869
To the Honorable Secretary of State,
Sir:—

I have the honor herewith to forward a certified copy
of **An Act to ratify an amendment of the Constitution of the
United States, proposed to the Legislatures of the several
States by a resolution adopted at the last session of the
fortieth Congress, in the year of our Lord one thousand
eight hundred and sixty-nine,*' passed by the Legislature and
approved by the Governor of the State of Maine.
I am, Sir, Very Respectfully, Your ob't. Serv't.

Franklin M. Drew,

Secretary of State.

STATE OF MAINE.

IN THE YEAR OF OUR LORD ONE THOUSAND EIGHT HUNDRED

AND SIXTY-NINE.

An Act to ratify an amendment to the Constitution of the
United States, proposed to the Legislatures of the several
States by a resolution adopted at the last session of
the fortieth Congress, in the year of our Lord, one thou-
sand eight hundred and sixty-nine.

Be it enacted by the Senate and House of Representa-
tives in Legislature assembled as follows:

Whereas, At the last session of the fortieth Congress of

819

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the United States of America held in Washington, in the
District of Columbia, in the year of our Lord, one thousand
eight hundred and sixty-nine, it was resolved as follows,
to wit :

Be it resolved by the Senate and House of Representa-
tives of the United States of America in Congress assem-
bled, (two-thirds of both Houses concurring,) that the fol-
lowing article be proposed to the Legislatures of the
several States, as an amendment to the Constitution of
the United States, which, when ratified by three-fourths of
said Legislatures, shalj be valid as part- of the Constitu-
tion, namely:

ARTICLE XV.

Section i. The right of citizens of the United States to
vote shall not be denied or abridged by the United States, or
by any State on account of race, color or previous condition
of servitude.

Section 2. The Congress shall have power to enforce
this article by appropriate legislation.

Be it therefore enacted, by the Senate and House of Rep-
resentatives of the State of Maine in Legislature assembled,
as follows, viz :

Section i. That the said proposed amendment be, and
the same is hereby ratified on behalf of the State of Maine.

Section 2. This act shall take effect when approved.
*In the House of Representatives,

March ii'*', 1869.

This bill having had three several readings, passed to be
enacted,

JosiAH Havden Drummond

Speaker.

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821

In Senate, March ii* 1869.

This bill having had two several readings, passed to be

enacted.*

Stephen D Lindsey President.

Approved.

March 12*^, 1869.
Joshua L. Chamberlain Governor.

State of Maine.

Office of Secretary of State,

Augusta, March 16*** 1869.

I hereby certify that the foregoing is a true copy
LSEal.J

of the original as deposited in this Office.

Franklin M. Drew
Secretary of State.

State of Maine.

secretary's office

Augusta, March 17 1869
To the President of the United States ;
Sir:—

I have the honor herewith to transmit a certified copy of
** An Act to ratify an amendment of the Constitution of the
United States, proposed to the Legislatures of the several
States by a resolution adopted at the last session of the
fortieth Congress, in the year of our Lord, one thousand
eight hundred and sixty-nine," passed by the Legislature
and approved by the Governor of the State of Maine.
I am. Sir, Very Respectfully Your ob't. serv't.

Franklin M. Drew
Secretary of State.

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822

STATE OF MAINE.

IN THE YEAR OF OUR LORD ONE THOUSAND EIGHT HUNDRED

AND SIXTY-NINE.

An Act to ratify an amendment to the Constitution of the
United States, proposed to the Legislatures of the several
States by a resolution adopted at the last session of the
fortieth Congress, in the year of our Lord, one thousand
eight hundred and sixty-nine.

Be it enacted by the Senate and House of Representa-
tives in Legislature assembled as follows:

Whereas, At the last session of the fortieth Congress of
the United States of America, held at Washington, in the
District of Columbia, in the year of our Lord, one thousand
eight hundred and sixty-nine, it was resolved as follows, to
wit:

Be it resolved by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
(two-thirds of both Houses concurring,) that the following
article be proposed to the Legislatures of the several States,
as an amendment to the Constitution of the United States,
which, when ratified by three-fourths of said Legislatures,
shall be valid as part of the Constitution, namely :

ARTICLE XV.

Section i. The right of citizens of the United States to
vote shall not be denied or abridged by the United States, or
by any State on account of race, color or previous condition
of servitude.

Section 2. The Congress shall have power to enforce this
article by appropriate legislation.

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823

Be It therefore enacted, by the Senate and House of Rep-
resentatives of the State of Maine in Legislature assembled,
as follows, viz :

Section i. That the said proposed amendment be, and
the same is hereby ratified on behalf of the State of Maine.

Section 2. This act shall take effect when approved.

In the House of Representatives,

March 11*** 1869.
This bill having had three several readings, passed to be
enacted.

JosiAH Hayden Drummond

Speaker.

In Senate, March ii*** 1869.
This bill having had two several readings, passed to be
enacted.

Stephen D. Lindsev President.

Approved.

March 12, 1869.
Joshua L Chamberlain Governor.

STATE OF MAINE.

Office of Secretary of State,

Augusta, March id*** 1869
I hereby certify that the foregoing is a true copy
L "J of the original as deposited in this Office.

Franklin M. Drew

Secretary of State.

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[wrapper]

Executive.

March 20* 1869

Case of Drew F. M Sec State of Maine
Transmits copy of ratification of Cons. Amendment Arti-
cle 15

Respectfully referred to the Hon. the Secretary of State
By order of the President,

O. E. Babcock

Secretary.

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Joint Resolution

Ratifying the Fifteenth Amendment to the Constitution of
the United States of America

Whereas, both Houses of the Fortieth Congress of the
United States of America at its Third session by a Constitu-
tional Majority of two thirds thereof, made the following
proposition to amend the Constitution of the United States of
America in the following words, to wit: A Resolution propos-
ing an Amendment to the Constitution of the United States:
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled (two thirds
of both houses concurring) That the following article be pro-
posed to the Legislatures of the several States as an amend-
ment to the constitution of the United States, which when
ratified by three fourths of said Legislatures shall be valid as
part of the Constitution, namely Article XV. Section i The
right of citizens of the United States to vote shall not be
denied or abridged by the United States or by any State on
account of race, color or previous condition of servitude
Section 2. The Congress shall have power to enforce this
article by appropriate legislation, Therefore, Be it resolved
by the Senate and House of Representatives of the State of
South Carolina now met and sitting in General Assembly
and by the authority of the same. Section i That the said
proposed amendment to the Constitution of the United

8^5

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States of America, be and the same is hereby ratified by the
General Assembly of the State of South Carolina. Section
2 That certified copies of this Preamble and Joint Resolu-
tion be forwarded by the Governor of this State to the Presi-
dent of the United States, to the presiding Officer of the
United States Senate and to the Speaker of the United
States House of Representatives.

Approved the Sixteenth 1 In the Senate House the Fifteenth
day of March 1869 day of March, in the year of our

Robert K. Scott Lord One thousand eight hun-
Governor J dred and Sixty nine
[seal.] Cha^ W. Montgomery

President of the Senate pro tempore
Franklin I. Moses Jr
Speaker House of Representatives

Executive Department
Office Secretary of State
Columbia So. Ca March 20*^ 1869
I, F. L. Cardozo Secretary of State of South Carolina do
hereby certify that this is a correct copy of a ** Joint Resolu-
tion, Ratifying the Fifteenth Amendment to the Constitution
of the United States of America*' filed in this office.

Given under my hand and the Seal of the State in
Columbia this twentieth day of March Anno Dom-
ini, One thousand Eight hundred and Sixty nine,
and in ninety third year of the Independence of the
United States of America

F. L. Cardozo

Sec. of State S. C.

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827
[wrapper.]

Executive.

Mch. 25*^ 1869.

Case of South Carolina. The Gov' of
Transmits Joint Resolution of the Legislature of, ratifying
the Fifteenth Amendment to the Constitution of the U. S.

Respectfully referred to the Hon. the Secretary of State

By order of the President

O E Babcock

Secretary

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Executive Chamber,

Harrisburg, Pennsylvania,

March 26^^ 1869.
Dear Sir: —

I have the honor to transmit herewith a duly authenti-
cated copy of the Joint Resolution of the Legislature of the
Commonwealth of Pennsylvania ratifying the proposed arti-
cle Fifteen, as an Amendment to the Constitution of the
United States.

Most Respectfully

Your Ob'dt SVt.

Jno. W. Geary

Governor
To Hon. Hamilton Fish

Secretary of State of U. S.

Wash. D. C.

Joint Resolution to ratify the amendment to the Constitu-
tion of the United States.

Whereas Two thirds of the members of the Senate and
House of Representatives of the United States in Congress
assembled did adopt an amendment to the Constitution of
the United States which is entitled article fifteen as follows :

** Section i. The right of citizens of the United States to

vote shall not be denied or abridged by the United States or

828

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829

by any State on account of race color or previous condition
of servitude.

Section 2. The Congr^s shall have power to enforce this
article by appropriate legislation/'

Which said amendment has been submitted to the legis-
lature of Pennsylvania for ratification or rejection — There-
fore—

Be it resolved by the Senate and House of Representa-
tives of the State of Pennsylvania in General Assembly
met — That the amendment as above proposed and submit-
ted is hereby ratified and adopted by the State of Pennsyl-
vania.

John Clark

Speaker of the House of Reps.

WiLMER WORTHINGTON

Speaker of the Senate

Approved the Twenty-sixth day of March Anno Domini one

thousand eight hundred and sixty-nine.

Jno. W. Geary

Office of the Secretary of the Commonwealth

♦

Harrisburg March 26*** 1869
Pennsylvania S. S.

I do hereby certify, That the foregoing and annexed
[seal.]

is a full true and correct copy of the original Joint

Resolution of the General Assembly, entitled **Joint Resolu-
tion to ratify the amendment to the Constitution of the
United States" as the same remains on file in this office.

In testimony whereof I have hereunto set my Hand and
caused the Seal of the Secretary's Office to be affixed, the

day and year above written.

Isaac B. Gara,

Deputy Secretary of the Commonwealth

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830

IN THE NAME AND BY THE AUTHORITY OF THE

Commonwealth of Pennsylvania,

JOHN W. GEARY,

Governor of the said Commonivealth.

To all to Whom these Presents shall Come,

SENDS greeting:

Know Ye, That the Attestation or Certificate hereunto

attached is in due form and made by the proper officer, and

that Isaac B. Gara whose name is subscribed thereto, was at

the time of subscribing the same, and now is [**a'* stricken

out] Deputy Secretary of the Commonwealth, duly appointed

and Commissioned, and full Full Faith and Credit are due

and ought to be given to his official acts accordingly.

Given under my Hand and the Great Seal of the

State, at Harrisburg, the 26*^ day of March in

[seal.] the year of our Lord one thousand eight hundred

and sixty-nine and of the Commonwealth the

ninety-third

Jno. W. Geary

Governor.

By the Governor:

F. Jordan

Secretary of the Commonwealth,

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Executive Department, State of Arkansas,

Little Rock, April 2~* 1869.
Hon Hamilton Fish

Secretary of State,

Washington, D. C.
Sir,

I have the honor to transmit to you, a copy of a Resolu-
tion of the General Assembly of the State of Arkansas, rati-
fying the 15*^ Amendment to the Constitution of the U. S —

I am with great respect.

Your Obedt Servant —

Powell Clayton

Governor —

Joint Resolution ratifying an Act of Congress two thirds of
both Houses concurring and proffered to the Legislatures of
the several States for ratification as an amendment to the
Constitution of the United States.

Whereas the Congress of the United States has submit-
ted to the several States for their action thereon by joint
resolution, — two thirds of both houses concurring, — the fol-
lowing Article (15) fifteen, as an amendment to the Constitu-
tion of the United States: viz.

Article Fifteen. Section One **The right of Citizens of the
United States to vote shall not be denied or abridged by
the United States, or by any State on account of race color

or previous condition of servitude.'*

831

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832

Section Two. **The Congress shall have power to enforce

this article by appropriate legislation."

Be it therefore resolved by the General Assembly of the State

of Arkansas that the foregoing recited Article Fifteen (15)

be and the same is hereby fully approved and ratified as a

part of the Constitution of the United States

J. M. Johnson

President of the Senate
George M. French

Speaker of the House of Representatives.

Approved March 30* 1869.

Powell Clayton

Governor

State of Arkansas.

Office of Secretary of State
I Robert J. T. White, Secretary of State, Arkansas, Certify
that the foregoing Joint Resolution is a true Copy of the
original Roll now on file in my Office.

In Testimony whereof I have hereunto set my hand
and affixed my Seal of Office at Litrie Rock this

ISEAL T

^ '^ thirtieth day of March A. D. One thousand Eight
hundred and sixty nine.

Robert J. T. White
Secretary of State, Arkansas.

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STATE OF NEW YORK.

Executive Chamber.

Albany, Sept 3 1869
To the Honorable J. C. B. Davis

Acting Secretary of State

Washington D. C.

I have the honor to acknowledge your letter of the 30*
August, received here yesterday, requesting me to forward
to your Department **a certified copy in the usual form of
**the action of the Legislature of New York upon the fifteenth
** proposed amendment to the Constitution of the United
** States.*'

The action of the Legislature was by concurrent resolu-
tion, not submitted to the Executive for approval, nor was he
directed or requested to promulgate the same.

In all previous instances of proposed amendments, save
one, a formal Bill was passed which, like all other Bills, was
submitted to the Executive ; and, in the exceptional instance,
I find no record in this Department of any Executive ac-
tion.'

In accordance with your request, however, I enclose

a copy of the resolution, signed by the Clerks of the two

Houses.

Very respectfully

Your Obedient Servant

John T Hoffman
4 AP 33. ^35

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Concurrent Resolution
Ratifying the proposed fifteenth amendment to
the Constitution of the United States.
Whereas, at the session of the fortieth Congress, it was
resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, two-thirds
of both Houses concurring, that the following article shall be
proposed to the Legislatures of the several States as an
amendment to the Constitution of the United States, which
said amendment, when it shall have been ratified by three-
fourths of the said Legislatures, shall be valid to all intents
and purposes as a part of the said Constitution, namely:

** Article XV.

** Section i. The right of the citizens of the United States
to vote shall not be denied or abridged by the United States,
or by any State, on account of race, color, or previous condi-
tion of servitude

**§ 2. The Congress shall have power to enforce this
article by appropriate legislation/' Therefore

Resolved, (if the Senate concur), That the said pro-
posed amendment to the Constitution be and the same
is hereby ratified by the Legislature of the State of New
York.

State of New York.

In Senate, April 14, 1869.

The foregoing resolution
was duly passed.

By order of the Senate
Jas Terwilliger

Clerk.

State of New York.

In Assembly March 17. 1869.

The foregoing resolution

was duly passed.

By Order of the Assembly,

Edward F. Underhill.

Clerk,

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835
[indorsement.]

Concurrent Resolution
Ratifying die proposed fifteenth amendment to the Constitu-
tion of the United States.

[envelope.]

[Postmark :] West Point, N. Y. Sep. 4.
State of New York.
Executive Chamber.

[Address:] The Hon"* J. C. B. Davis

Acting Secretary of State

Washington D. C.

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State of Indiana
Office of Secretary of State.

Indianapolis Sep. 2^ 1869
Hon. Hamilton Fish

Secretary of State

Washington D. C,
Dear Sir:

I have the honor to herewith enclose to you, for filing in
your Department, a certified copy of Enrolled Joint Resolu-
tion of the General Assembly of the State of Indiana, ac-
cepting & ratifying the 1 5^ Amendment to the Constitution
of the United States.

Very Respectfully

M. F. A. Hoffmann

Per Depty Secy of State

Enrolled Joint Resolution No. 18. Senate of Indiana

A Joint Resolution accepting and ratifying a certain
amendment to the Constitution of the United States.

Whereas Congress has by a two-thirds vote proposed to
the Legislatures of the several States, as an amendment to
the Constitution of the United States, which when ratified
by the Legislatures of three-fourths of the States, shall be
valid to all intents and purposes as a part of this Constitu-
tion, namely: —

836

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Article 15.

Section i** The right of the citizens of the United States to
vote shall not be denied or abridged by the United States or
by any State on account of race, color or previous condition
of servitude.

Section 2^ The Congress shall have power to enforce this
Article by appropriate legislation.

Therefore, Be it resolved by the General Assembly of the
State of Indiana, that said Fifteenth Amendment to the Con-
stitution of the United States is hereby accepted, and ratified
on the part of the State of Indiana.

Isaac P. Gray
President of the Senate pro tern
George A. Buskirk
Speaker of the House of Representatives
Passed Senate May 13 1869.

O. M. Wilson Sec. of the Senate.
Passed House of Representatives May 14, 1869

W^ M. Merwin
Principal Clerk House of Representatives.

Is. S.

-3

State of Indiana

Office of Secretary of State

I. M. F. A. Hoffmann Secretary of State for the State of
Indiana, hereby certify that the foregoing is a full, true and
complete copy of Enrolled Joint Resolution No. 18 Senate
of Indiana, (from which the same was taken and now on
file in the Office of Secretary of State for the State of Indi-
ana,) passed at the Special Session of the General Assembly
of said State of Indiana, begun on the 8* day of April A. D.
1869.

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838

In Witness Whereof, I have hereunto set my hand
and affixed the Seal of the State of Indiana, at the
[seal.] City of Indianapolis, this second day of September,
in the year of our Lord One thousand Eight hun-
dred and Sixty nine.

M. F. A. Hoffmann

Secy of State

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State of Connecticut.

Office of Secretary of State.

Hartford, May 26 1869
Hon. Hamilton Fish

Secretary of State.

Washington D. C.
Sir:

Herewith please find enclosed a true and attested copy
of the acts of the General Assembly of the State of Connecti-
cut in the matter of the adoption of the amendment to the
Constitution of the United States proposed by Congress as
a fifteenth article.

Your obedient servant

Hiram Appelman
Secretary of State.

At a General Assembly of the State of Connecticut
holden at Hartford in said State, on the first Wednesday of
May in the year of our Lord One Thousand Eight Hundred
and Sixty Nine.
Ratifying the amendment to the Constitution of the United

States.
Whereas, The Congress of the United States has proposed to
the Legislatures of the several States as an amendment
to the Constitution of the United States, an article desig-
nated as Article XV, in the words following, to wit :

Resolved by the Senate and House of Representatives of

839

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840

the United States of America in Congress assembled, [two-
thirds of both Houses concurring.]
That the following article be proposed to the legislatures of
the several States as an amendment to the Constitution
of the United States which, when ratified by three-fourths of
said legislatures, shall be valid as part of the Constitution,

namely ;

Article XV.

Sec. I. The right of citizens of the United States to vote
shall not be denied or abridged by the United States or by
any State on account of race, color or previous condition of
servitude.

Sec. 2. The Congress shall have power to enforce this
article by appropriate legislation.

Resolved by this Assembly, That the said article be approved
and adopted, and it is hereby ratified as a part of the Consti-
tution of the United States of America

Approved May 19. 1869.

State of Connecticut, ss.

OFFICE OF SECRETARY OF STATE.

I hereby certify that the foregoing is a true copy of record
in this office.

In Testimony whereof, I have hereunto set my hand,
[seal.] and affixed the Seal of said State, at Hartford,
this twenty sixth day of May A. D. 1 869

Hiram Appelman Secretary of State.

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Office of Secretary of State,

Tallahassee, Fla. June 17'** 1869
Sir

I have the honor to transmit herewith a certified copy of
a Joint Resolution ratifying an amendment to the Constitu-
tion of the United States, known as Article Fifteen.
Very Respectfully

Jonathan C. Gibbs

Secretary of State
Hon. Hamilton Fish

Secretary of State

Washington D. C.

Joint Resolution.
A Joint Resolution to ratify an Amendment of the Con-
stitution of the United States, known as

Article Fifteen.
Be it resolved by the People of the State of Florida repre-
sented in Senate and Assembly — That the following amend-
ment to the Constitution of the United States as proposed by
the Congress of the United States, and known as Article Fif-
teen, be and the same is hereby ratified and adopted.

Section i. — The right of citizens of the United States to
vote shall not be denied or abridged by the United States or
by any State on account of race, color or previous condition

of servitude.

841

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842

Section 2. — ^The Congress shall have power to enforce
this Article by appropriate legislation.

Adopted by the Assembly Adopted by the Senate June
June 11^ 1869 14"^ 1869

M. L. Stearns. W. H. Gleason.

Speaker of the Assembly President of the Senate

W. F. Bynum. Cha^ Mundee,

Clerk of the Assembly Secretary of the Senate.

Approved June 15*^ 1869.
Harrison Reed. Governor.

Office Secretary of State,

Tallahassee, Fla. June 17'** 1869.
I hereby certify that the foregoing is a true copy of
the original Joint Resolution on file in this office.
[seal.] Given under my hand and the Great Seal of the
State at Tallahassee, the Capital, this Seventeenth
day of June A. D. 1869.

Jonathan C. Gibbs
Secretary of State

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State of New Hampshire.

SECRETARY OF STATE's OFFICE,

Concord, N. H., Sept 13 1869
Hon. Hamilton Fish,

Secretary of State

Washington, D. C.
Sir

I have the honor to transmit herewith a copy of a Joint
Resolution of the Legislature of this State, passed June 1869
and approved July 7. 1869, ratifying an amendment to the
Constitution of the United States.
Very Respectfully

Your Obt. Servt

Nathan W. Gove
Dept. Secretary of State,

Acting Secretary.

State of New Hampshire
In the year of our Lord one thousand Eight hundred and
sixty nine.

Resolved by the Senate and House of Representatives in gen-
eral Court convened : The following Article proposed in and
by a joint Resolution of the Congress of the United States,
to be submitted to the Legislatures of the several States as
an amendment of the Constitution of the United States, be

and the same is hereby ratified and adopted as and for an

843

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844

Amendment to, and a part of the Constitution of the United

States, that is to say

Article XV.

Section i. The right of citizens of the United States to vote,
shall not be denied or abridged by the United States, or by
any State, on account of race, color or previous condition
of servitude.

Section 2. The Congress shall have power to enforce this
Article by the proper legislation.

Sam. M Wheeler
Speaker of the House of Representatives
John Y. Mugridge

President of the Senate
Approved July 7, 1869.

Onslow Stearns,

Governor.

State of New Hampshire

Secretary of States Office
I hereby certify that the foregoing is a true copy of a
Joint Resolution of the Legislature of this State ratifying and
adopting the amendment to the Constitution of the United
States, passed at the June session 1869, and approved July
7, 1869, as taken from the Original now in this office.

In testimony whereof I have hereunto set my hand
[seal.] and affixed the seal of said State this thirteenth day
of September A. D. 1869.

Nathan W. Gove,
Dep. Secretary of State

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Executive Department of Virginia

Richmond, October 22~* 1869.
Hon* Hamilton Fish

Secretary of State of the United States
Sir

The General Assembly of Virginia having, on the 8* day
of the present month, passed two several acts in ratification
of Articles XIV and XV, proposed, respectively, as amend-
ments to the Constitution of the United States, by Joint Res-
olutions of Congress adopted June 16* 1866 and February
2^^ 1869, I have the honor to enclose herewith duly authen-
ticated copies of the said Acts of Assembly, in evidence of

such ratification.

Very respectfully

G. C. Walker

Governor of Virginia

Virginia:

I, Gilbert C. Walker, Governor of the State of Virginia,
do hereby certify that J. Bell Bigger, whose genuine signa-
ture is subscribed in attestation of the within copy, is, as he
there subscribes himself. Clerk of the House of Delegates
and Keeper of the Rolls of Virginia; that his said attesta-
tion is in due form and according to the law of this State;
and that to all his official acts full faith, credit and authority

are due and ought to be given.

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In testimony whereof, I have hereunto
set my hand as Governor, and caused
the GREAT SEAL of the State to be
[seal appendant.] affixed. Done at the City of Rich-
mond, this 20''* day of October A. D.
1869, and in the ninety fourth year of
the Commonwealth.

G. C. Walker
By the Governor.

Garrick Mallery

Sec'y Comth and Keeper of the Seals.

An Act, to ratify the Joint Resolution of Congress, passed
February 27th 1869, proposing an amendment to the Consti-
tution of the United States.

Passed, October 8^ 1869.

Whereas, it is provided by the Constitution of the United
States of America that Congress may, whenever two thirds
of both houses deem it necessary, propose amendments to
the same, to be ratified by the legislatures of three fourths of
the several states, or by conventions therein, as the one or the
other mode may be proposed by Congress, And, whereas, by
the fortieth Congress of the United States, at the third ses-
sion thereof, begun and held at the City of Washington, on
Monday, the seventh day of December, eighteen hundred
and sixty eight, it was,

** Resolved by the Senate and House of Representatives
of the United States of America, in Congress assembled,
(two thirds of both houses concurring,) that the following ar-
ticle be proposed to the legislatures of the several states, as

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an amendment to the Constitution of the United States,
which when ratified by three-fourths of said legislatures, shall
be valid as part of the Constitution : namely,

Article XV.

Section i. The right of citizens of the United States to vote,

shall not be denied or abridged by the United States, or by

any state on account of race, color, or previous condition of

servitude.

Section 2. The Congress shall have power to enforce this

article by appropriate legislation''

Therefore, Be it enacted by the General Assembly of Vir-
ginia, That the aforesaid amendment to the Constitution of
the United States, be, and the same is hereby ratified.

A copy from the Rolls
Teste J Bell Bigger

Clerk House of Delegates
& Keeper of Rolls of V
October 20"** 1869

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State of Vermont,

Executive Chamber

Montpelier, Oct. 22, 1869
Hon. Hamilton Fish,

Secretary of State.
Sir

I have the honor to transmit herewith the ratification, by

the legislature of the State of Vermont, of the Fifteenth

Amendment of the Constitution of the United States.

Please acknowledge its receipt at your early convenience.

I am, Sir, With high regard.

Your obedient Servant,

Peter T. Washburn

Governor.

Joint Resolution,
ratifying amendment to the Constitution of the United

States.
Whereas, the Congress of the United States on the 27"^
day of February, A. D. 1869, by joint resolution pro-
posed to the legislatures of the several states an amend-
ment to the Constitution of the United States in the
words following, viz : —

Article XV.

Sec. I. The right of citizens of the United States to vote

shall not be denied or abridged by the United States or

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by any state on account of race, color, or previous con-
dition of servitude.
Sec. 2. The Congress shall have power to enforce this Arti-
cle by appropriate legislation.
Therefore,

Resolved, by the Senate and House of Representatives:
That the said proposed amendment to the Constitu-
tion of the United States be and the same is hereby
ratified by the legislature of the state of Vermont.
George W. Grandey, Speaker of the House,
George W. Hendee, President of the Senate.
Approved Oct 21. 1869.

Peter T. Washburn, Governor'.

State of Vermont.
Office of Secretary of State.
I hereby certify that the foregoing is a true copy of a Joint
Resolution of the General Assembly of the State of Ver-
mont, adopted at the annual session of 1869, and now on
file in this Office.

In witness whereof, I hereunto subscribe my name,
and affix the seal of this Office, at Montpelier, this

FsEAL T

'■* twenty-first day of October A. D. one thousand
eight hundred and sixty-nine.

George Nichols,
Secretary of State.

[indorsement.]

Joint Resolution.

ratifying amendment to the Constitution of the United

States.

4 AP 34.

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Executive Department,

State of Alabama,

Montgomery, November 25, 1869.

His Excellency, U. S. Grant,

President of the United States,

Washington, D. C,
Sir:

I have the honor to transmit herewith, for file in the

proper Department, a duly authenticated copy of a Joint

Resolution adopted by the Legislature of Alabama, ratifying

the proposed amendment to the constitution of the United

States, known as Article Fifteen.

Very respectfully.

Your obedient servant,

William H Smith,

Governor of Alabama.

Joint Resolution, relating to the Joint Resolution of the
Congress of the United States, proposing an amendment to
the constitution of the United States, known as Article Fif-
teen.

Whereas, The fortieth Congress of the United States, at
its last session, passed the following proposition to amend
the constitution of the United States, by a constitutional ma-
jority of two-thirds thereof, in the following words, to wit :

**Be it resolved by the Senate and House of Representa-

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tives of the United States of America in Congress assembled,
(two-thirds of both houses concurring,) That the following
Article be proposed to the Legislatures of the several States,
as an amendment to the constitution of the United States,
which, when ratified by three-fourths of said Legislatures,
shall be valid as part of the constitution, namely : Article fif-
teen. Section I. The right of citizens of the United States to
vote shall not be denied or abridged by the United States, or
by any State, on account of race, color, or previous condition
of servitude. Section II. The Congress shall have power to
enforce this Article, by appropriate legislation;'*

And whereas, three-fourths of the Legislatures of the
States composing the United States are required to give as-
sent to the said proposed amendment to the constitution of
the United States before it becomes a part thereof: there-
fore,

Resolved by the General Assembly of Alabama, That we
hereby ratify, on behalf of the State of Alabama, the above
recited proposed amendment to the constitution of the
United States.

Resolved, That a certified copy of the foregoing pream-
ble and resolution be forwarded, by the Governor of Ala-
bama, to the President of the United States.

A. J. Applegate,

President of the Senate.
Geo. F. Harrington,

Speaker of the House.

Approved, November 24, 1869.

William H Smith,

Governor

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852

State of Alabama,
Office of the Secretary of State,
Montgomery, November 25, 1869.
I certify that the foregoing is a true copy from the official
roll on file in this office.

Given under my hand and the Great Seal of the

[seal.] _,
*■ ■* State.

Chas. a. Miller
Secretary of State.

[wrapper.]
Executive.

Nov' 29 1869

Case of Smith W"* H. Gov' of Ala,
Transmitting authenticated copy of a Joint resolution of said
Legislature ratifying the proposed amendment to the Consti-
tution, (article 15)

Respectfully referred to the Hon. the Secretary of State

By order of the President,

Horace Porter,

Secretary.

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State of Missouri
Office of Secretary of State.

City of Jefferson, Jan^. ii'*' 1870.
To the Honorable

Secretary of State of the U. S.

Washington, D. C.
Dear Sir !

I transmit to you herewith a duly authenticated copy of
the Joint Resolution of the General Assembly of the State
of Missouri ** ratifying the Constitutional Amendment pro-
posed by Congress,** the receipt of which please acknowl-
edge.

Very respectfully

Francis Rodman

Secretary of State,
by Eugene F. Weiger, Chief Clk.

Office of Secretary of State,

City of Jefferson, Missouri.
I, FRANCIS RODMAN, Secretary of State for the State
of Missouri, do hereby certify that the annexed pages contain

Resolution

a true, complete and full copy of an^[**Act" stricken out]
of the General Assembly of the State of Missouri,, entitled
** Joint Resolution ratifying the Constitutional Amendment
proposed by Congress."

Approved, January 10'** 1870. as appears by comparing the

853

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854

same with the original roll of said Resolution now on file, as
the law directs, in this office.

In Testimony Whereof, I have hereunto set my
hand and affixed my official seal. Done at office,
L 'J this Eleventh day of January A. D. Eighteen
Hundred and Seventy.

Francis Rodman

Secretary of State.

Joint Resolution ratifying the Constitutional Amendment
proposed by Congress.

Whereas Congress proposed to the Legislatures of the
several States by way of amendment a fifteenth article to
the constitution of the United States ;

Therefore be it Resolved by the General Assembly of
the State of Missouri as follows:

That the proposed amendment in words following viz:
Article XV. Section i. The right of citizens of the United
States to vote shall not be denied or abridged by the
United States or by any State on account of Race, Color
or previous condition of Servitude.

Section 2. The congress shall have power to enforce this
article by appropriate Legislation.**

Be and the same is hereby ratified and approved.
Approved, January 10*^ 1870.

Office of Secretary of State,
City of Jefferson, Missouri.
I, FRANCIS RODMAN, Secretary of State for the State
of Missouri, do hereby certify that the annexed pages contain

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855

a true, complete and full copy of Joint Resolution of the

General Assembly of the State of Missouri, entitled Joint

Resolution ratifying the constitutional amendment proposed

by Congress.

Approved March i 1869. as appears by comparing the

same with the original roll of said Resolution now on file, as

the law directs, in this office.

In Testimony Whereof, I have hereunto set my

. hand and affixed my official seal Done at office,

L '-I this third day of March A. D. Eighteen Hundred

and sixty nine.

Francis Rodman

Secretary of State.

Joint Resolution ratifying the constitutional amendment pro-
posed by Congress.

Whereas. Congress on the 26th of February 1869. proposed
to the Legislatures of the several States by way of amend-
ment a fifteenth article to the Constitution of the United
States, therefore.

Be it Resolved by the General Assembly of the State of
Missouri as follows:

That the proposed amendment in words following, viz:
Article XV **The right of citizens of the United States to
vote shall not be denied or abridged by the United States, or
by any State on account of race or color and previous condi-
tion of servitude'* be and the same is hereby ratified and
approved
Approved March i 1869.

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Jackson, Mississippi Jan. 20, 1870.
Hon. Hamilton Fish,

Secretary of State
Sir:

I have the honor to transmit herewith an official copy of

proceedings of the Legislature of Mississippi in the adoption

of the 15th Amendment of the Constitution of the U. S. as

taken from the journals of both houses.

Respectfully,

Your obt. Servt.

R. C. Powers

Lieut Gov Elect & President of the Senate

Whereas, The Congress of the United States has pro-
posed the following as the Fifteenth Amendment to the
Federal Constitution, viz:

** Section i The right of citizens of the United States to
vote shall not be denied or abridged by the United States,
or by any State, on account of race, color or previous condi-
tion of servitude.

'*Sec. 2 The Congress shall have power to enforce this
Article by appropriate legislation''

Therefore

Resolved By the Senate (the House of Representa-
tives concurring herein). That the State of Mississippi, by its
Legislature, ratifies and consents to said Amendment.

I hereby certify that the above is a correct transcript of

856

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Murray Peyton
Secretary of Senate

857

the proceedings of the Senate, on the 15* day of January,

A. D. 1870

Attest:

R. C. Powers
Lieut. Governor and Ex-officio

President of the Senate
I hereby certify that the above is a correct copy of a joint
resolution originating in the Senate, and passed by the
House of Representatives on the 17*** day of January, 1870.

F. E. Franklin
Attest Speaker of the House of Reps.

RoBT J. Alcorn

Clerk of the House

EXECUTIVE DEPARTMENT,

State of Mississippi,

Jackson, Miss., Jan 25*** 1870.
To His Excellency

U. S. Grant, President

of the United States.
Sir

I have the honor to transmit herewith a joint resolution

of the Legislature of Mississippi, ratifying and adopting the

fourteenth, and fifteenth amendments to the Constitution of

the United States.

I am Sir

Very Respectfully

Your Obt Servt

Adelbert Ames.

Bt Maj Gen USA

Prov Gov of Miss

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858

Senate Chamber at Jackson in the State of Mississippi
On the IS**" day of January A. D 1870

In the senate of the State of Mississippi duly assembled, the
following proceedings were had

Mr Shoup Chairman of Select Committee made the following

report

Mr President

The Special Committee to whom was referred the message
from his Excellency the Provisional Governor in relation to
the 14*** and 15*** amendments to the Constitution of the United
States, have had the same under consideration & have agreed

the ratification

Upon joint resolutions foresaid amendments and they re-
spectfully recommend the adoption of the same.

Signed Shoup

Chairman
Mr Shoup

Moved to receive report of committee —
Report received

Whereas the Congress of the United States proposed the fol-
lowing as the fourteenth amendment to the Federal Constitu-
tion Viz

Article XIV

** Section i. — All persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are citizens of
the United States and of the State wherein they reside. No
State shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States;
nor shall any State deprive any person of life, liberty, or
property, without due process of law, nor deny to any per-
son within its jurisdiction the equal protection of the laws

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859
Section 2°**

Representatives shall be apportioned among the several
States according to their respective numbers counting the
whole number of persons in each State, excluding Indians
not taxed; but when the right to vote at any election for
the choice of electors for President and Vice-President of
the United States, representatives, in Congress, the Exec-
utive and Judicial officers of a State, or the members of the
Legislature thereof, is denied to any of the male inhabitants
of such State being twenty-one years of age and Citizens

way

of the United States or in any^abridged except for partici-
pation in rebellion or other crimes, the basis of represen-
tation therein shall be reduced in the proportion which the
number of such male Citizens shall bear to the whole number
of male Citizens twenty-one years of age, in such State
Section 3. No person shall be a Senator or Representative
in Congress, or Elector for President and Vice President or
hold any office, civil or military under the United States or
under any State, who having previously taken an oath as a
member of Congress or as an officer of the United States,
or as a member of any state Legislature, or as an Executive
or Judicial Officer of any state to support the Constitution of
the United States, to have engaged in insurrection or re-
bellion against the Same, or given aid or comfort to the
enemies thereof, but Congress may by a vote of two-thirds of
each House remove such disability.
Section 4 —

The validity of the Public Debt of the United States,
authorized by law, including debts incurred for: payment
of Pensions and Bounties for services in suppressing insur-
rection or rebellion, shall not be questioned but neither the

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United States nor any State, shall assume or pay any debt
or obligation incurred in aid of insurrection or rebellion
against the United States, or any claims for the loss or eman-
cipation of any slave, but all such debts, obligations and
claims shall be held illegal and void.
Section 5 —

The Congress shall have power to enforce by appropri-
ate Legislation the provisions of this article.
Therefore be it Resolved by the Senate the House of
Representatives concurring herein, That the State of Mis-
sissippi by its Legislature ratifies and consents to said
amendments.

Whereas The Congress of the United States has proposed
the following as the 15* amendment to the Federal Consti-
tution Viz.

Section i —

The right of citizens of the United States to vote shall
not be denied or abridged by the United States or by any
State on account of Race Color or previous condition of
servitude
Section 2

The Congress shall have power to enforce this article by
appropriate Legislation

Therefore

Resolved by the Senate, the House of Representatives
concurring herein. That the State of Mississippi by its Leg-
islature ratifies and consents to said amendment
Mr Gibbs of Wilkinson

Moved that the report of the special Committee recom-
mending the adoption of the 14*** amendment be adopted.
And the yayes an nays be had and recorded thereon — That

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part of the report was then read and a vote taken with the
following result

Ayes

Mess Abbott. Caldwell Castles. Gartman Gibbs Gleed.
Gray. Hancock Johnson. Leachman Little Mills Morgan My-
gatt Payne. Pierce. Revels, Rushing. Shoup. Smith. Stringer
Sullivan Warner — 24

Mr Millsaps. being absent at the time the vote was taken
asked to have his vote recorded in the affirmative.

Granted
Nays.

Mess" Hardy and Striclin — 2

On motion of the report of the committee on the

15* amendment was then adopted by the following vote —
Yeas.

Mess" Abbott. Ballard Caldwell, Casries Duncan Gart-
man. Gibbs. Gleed Gray, Hardy Johnson Leachman. Little
Miles Millsaps Morgan Mygatt Payne Pierce Revels Rush-
ing Shoup Smith Striclin Stringer, — Sullivan, Warner and
Hancock — 28.
Nays. — None —

Senate Chamber, Jackson Mississippi,

January 22°** 1870.
I hereby certify that the foregoing extract from the Journal
of the Senate of the State of Mississippi, of January 15*
1870, has been, by me, compared with the Original in my
possession, and found correct in every particular.

In testimony whereof I hereunto subscribe my name.

Murray Peyton

Secretary of Senate.

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862

Executive Mansion,

Washington, D. C. Jany. 31 1870
Sir:

The President directs me to transmit the official action of
the legislature of the State of Mississippi upon the 14 and
15 amendments to the Constitution of the United States, in
accordance with Congressional requirements.

The President desires this information laid before Con-
gress as soon as possible

Very respectfully

Your obdt. servt.

O E. Babcock

Secretary
Hon : Hamilton Fish

Secretary of State.

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State of Rhode Island.

Executive Department,
Providence February 21 1870
Hon Hamilton Fish

Secretary of State
Sir

Herewith I have the honor to enclose a copy, duly at-
tested, of a resolution of the State of Rhode Island, passed
by the General Assembly, on the i8th January 1870, to adopt
an amendment to the Constitution of the United States
I have the honor to remain

your obedient Servant

Seth Padelford

State of Rhode Island and Providence Plantations.

Resolution
to adopt an amendment to the Constitution of the United

States
Whereas both Houses of the Congress of the United States
have proposed an amendment to the constitution of the
United States in the words and figures following, to wit :

A Resolution proposing an Amendment to the Constitu-
tion of the United States

Resolved by the Senate and House of Representatives
of the United States of America, (two thirds of bpth houses

concurring,) That the following article be proposed to the

863

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864

legislatures of the several States as an amendment to the
Constitution of the United States, which, when ratified by
three fourths of said Legislatures, shall be valid as a part of
the Constitution ; namely

Article XV.

Section i. The rights of citizens of the United States to
vote shall not be denied or abridged by the United States, or
by any State on account of race, color or previous condition
of servitude.

Section 2. The Congress shall have power to enforce this
article by appropriate legislation.
It is therefore

Resolved, That the Legislature of the State of Rhode
Island do hereby ratify and confirm the said fifteenth article
of amendment to the constitution of the United States, and
do hereby assent thereto.

Resolved, That his Excellency the Governor be and he
hereby is directed to cause a copy of the foregoing preamble
and resolution to be made and duly authenticated and to be
transmitted to the Secretary of State of the United States,
and other like copies thereof, to be made and to be transmit-
ted to the presiding officers of the two Houses of Congress.
I certify the foregoing to be a true copy of a resolu-
tion to amend the constitution of the United States
adopted by the General Assembly of this State on
[seal.] the 1 8th day of January A. D. 1870.

In testimony whereof I have hereto set my hand
and affixed the Seal of the State this 21st day of

February 1870.

John R. Bartlett

Secretary of State

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State of Rhode Island.

Secretary of State's Office,

Providence, Feb 26 1870
Sir

On the 19th January I apprised the Secretary of State
of the ratification of the 15* Amendment by this State, I
supposed a printed copy had also been sent a few days later,
when they were sent to all the States.

On Monday last, the 21st inst, I sent a Manuscript copy
of the resolution duly attested under the Seal of the State.
A note from Senator Anthony just received informs me that
none had been received at the Department, I therefore, send
one of the printed copies

Very respectfully

J. R. Bartlett
To the Hon Secretary of State Sec. of State

STATE OF RHODE ISLAND.

Executive Department,

Providence, January 20, 1870.
Sir:

I have the honor to transmit herewith, a copy of a Joint
Resolution ratifying the proposed Fifteenth Amendment to
the Constitution of the United States, passed by the General-
Assembly of the State of Rhode Island, on the i8th of Jan-
uary, A. D., 1870. ^
I am, very respectfully,

Your obedient servant,

Seth Padelford
To Hon. Hamilton Fish Governor.

Secretary of State Washington
4 AP 35.

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866

Resolution to Adopt an Amendment to the Constitution
OF THE United States.

Whereas, Both Houses of the Congress of the United
States have proposed an amendment to the Constitution of
the United States, in the words and figures following, to wit :

*'A RESOLUTION proposing an Amendment to the Con-
**stitution of the United States:

''Resolved, by the Senate and House of Representatives of
''the United States of America, (two-thirds of both houses
"concurring,) That the following article be proposed to the
** Legislatures of the several States as an amendment to the
"Constitution of the United States, which, when ratified by
"three-fourths of said legislatures, shall be valid as a part of
"the Constitution, namely:

"ARTICLE XV.

"Section i. The right of citizens of the United States to
"vote shall not be denied or abridged by the United States or
"by any State, on account of race, color, or previous condition
"of servitude.

"Section 2. The Congress shall have power to enforce
"this article by appropriate legislation/*

// is therefore resolved. That the Legislature of the State
of Rhode Island do hereby ratify and confirm the said fifteenth
article of amendment to the Constitution of the United States,
and do hereby assent thereto.

Resolved, That His Excellency the Governor be, and he
hereby is, directed to cause a copy of the foregoing preamble
and resolution to be made and duly authenticated, and to be
transmitted to the Secretary of State of the United States,

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867

and other like copies thereof to be made, and to be trans-
mitted to the presiding officers of the two Houses of
Congress.

State of Rhode Island and Providence Plantations, ^

OFFICE OF THE SECRETARY OF STATE. )

I, JOHN R. BARTLETT, Secretary of State of the State
of Rhode Island and Providence Plantations, do hereby cer-
tify that the foregoing is a true copy of a Joint Resolution
passed by the General Assembly of said State, on the 1 8th
day of January, A. D. 1870, from the original on file in this
office.

IN TESTIMONY WHEREOF, I have hereto set

_ ^ my hand, and affixed the seal of the State at the
[seal.]

city of Providence, this twentieth day of January,

A. D. 1870.

John R. Bartlett

Secretary of State.

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House Concurrent Resolution No. 15, relating to a cer-
tain proposed Amendment to the Constitution of the United
States.

Whereas, the Congress of the United States has submit-
ted the following proposed Amendment to the Constitution
of the United States to the Legislatures of the several States
of the Union for their ratification, Viz.

Article XV.

Section i. The right of Citizens of the United States to
vote shall not be denied or abridged by the United States
or by any State on account of race, color, or previous condi-
tion of servitude.

Section 2. The Congress shall have power to enforce this
Article by appropriate legislation, therefore be it

Resolved, by the House of Representatives of the State
of Kansas, the Senate concurring, that the foregoing pro-
posed Amendment to the Constitution of the United States
be, and the same is hereby ratified. Be it further, —

Resolved, that a Copy of these resolutions duly certified
by the presiding Officers of the two Houses of the Legisla-
ture, the Chief Clerk of the House, and Secretary of the
Senate, be, by the Governor of the State of Kansas, certified
under the Great Seal of the State of Kansas, to the President
of the United States and to the President of the Senate and
Speaker of the House of Representatives of the Congress
of the United States.

868

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869

Adopted by the House of Representatives Jan. i8, 1870.
Henry C. Olney

Chief Clerk of the House of Representatives

Jacob Stotler
Speaker of the House of Representatives
Concurred in unanimously by the Senate Jan. 19, 1870
Geo. C. Crouther

Secretary of the Senate

C. V. ESKRIDGE

President of the Senate

I, James M. Harvey Governor of the State of Kansas, do

hereby certify that the foregoing is a true and correct copy

of the Original enrolled instrument filed in the Office of the

Secretary of State January 27^^ A. D. 1870.

In testimony whereof I have hereunto subscribed

my name and caused to be affixed the Great Seal

[seal.] of the State.

Done at Topeka this i" day of February A. D.

1870.

James M. Harvey

Attest Governor

Thomas Moonlight

Secretary of State

State of Kansas.

[wrapper.]

Executive.

Feby 7 1870, *
Case of Kansas.

Ratifies the proposed 1 5'^ amendment to the Constitution.

Respectfully referred to the Hon. the Secretary of State

By order of the President,

Horace Porter Secretary.

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State of Ohio,

Executive Department,

Columbus, January 28th, 1870.
SIR:

I have the honor to transmit herewith Joint Resolution
ratifying the proposed ** Fifteenth Constitutional Amend-
ment,*' passed by the General Assembly of the State of
Ohio, January 27th A. D. 1870.

Very Respectfully,
[seal.] R. B. Haves

Governor.
To Hon Hamilton Fish

Secretary of State

Washington D. C.

Senate J. R. No 4
Relative to an amendment to the Constitution of the United

States.
Whereas, The General Assembly of the State of Ohio,
has received official notification of the passage by both
houses of the Fortieth Congress of the United States, at its
third session, of the following proposition to amend the
Constitution of the United States, by a constitutional ma-
jority of two-thirds thereof, in the words following, to wit:
**A RESOLUTION Proposing an Amendment to the
** Constitution of the United States:
''Resolved, by the Senate and House of Representatives

''of the United States of America, in Congress assembled,

870

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871

** (two-thirds of both houses concurring,) That the following
** article be proposed to the Legislatures of the several
** States as an amendment to the Constitution of the United
** States, which, when ratified by three-fourths of said legisla-
**tures, shall be valid as part of the Constitution, namely:

-ARTICLE XV.

** Section i. The right of citizens of the United States to
**vote shall not be denied or abridged by the United States,
**or by any State, on account of race, color, or previous con-
**dition of servitude.

** Section 2. The Congress shall have power to enforce
**this article by appropriate legislation,'' and.

Whereas, Three-fourths of the Legislatures of the States
comprising the United States, are required to give assent to
the said proposed amendment to the Constitution of the
United States, before it becomes a part thereof, therefore.

Resolved, by the General Assembly of the State of Ohio,
That we hereby ratify, on behalf of the State of Ohio, the
above recited proposed amendment to the Constitution of
the United States.

Resolved, That certified copies of the foregoing preamble

and resolution be forwarded, by the Governor of Ohio, to the

President of the United States, to the Presiding officer of

the United States Senate, the Speaker of the United States

House of Representatives, and the Secretary of State of the

United States.

A. J. Cunningham,

Speaker of the House of Representatives.

J. C. Lee,

President of the Senate.

Adopted January 2'jth, 1870.

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872
United States of America, Ohio,

OFFICE OF THE SECRETARY OF STATE.

I, ISAAC R. SHERWOOD, Secretary of State of the
State of Ohio, do hereby certify that the foregoing is a true
copy of a Joint Resolution therein named, passed by the
General Assembly of the State of Ohio, on the 27th day of
January, A. D. 1870, taken from the original rolls on file in
this office.

In Testimony Whereof, I have hereunto subscribed

[seal.] my name, and affixed the Seal of this office, at

Columbus, the 27th day of January, A. D. 1870.

Isaac R. Sherwood
Secretary of State.

State of Ohio,

Executive Department,

Columbus, January 28th, 1870.
SIR:

I have the honor to transmit herewith Joint Resolution
ratifying the proposed ** Fifteenth Constitutional Amend-
ment," passed by the General Assembly of the State of Ohio,

January 27th, A. D. 1870.

Very Respectfully,

[seal.] R. B. Haves

Governor.
To His Excellency U. S. Grant,

President of the United States.

Senate J. R. No 4.
Relative to an amendment to the Constitution of the United

States.
Whereas, The General Assembly of the State of Ohio,

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873

has received official notification of the passage by both
houses of the Fortieth Congress of the United States, at its
third session, of the following proposition to amend the Con-
stitution of the United States, by a constitutional majority of
two-thirds thereof, in the words following, to wit :

**A RESOLUTION Proposing an Amendment to the Con-

**STITUTI0N OF THE UnITED StATES :

''Resolved, by the Senate and House of Representatives of
''the United States of America, in Congress assembled, (two-
** thirds of both houses concurring,) That the following article
**be proposed to the Legislatures of the several States as an
** amendment to the Constitution of the United States, which,
**when ratified by three-fourths of said legislatures, shall be
** valid as part of the Constitution, namely:

-ARTICLE XV.

** Section i. The right of citizens of the United States to
**vote shall hot be denied or abridged by the United States,
**or by any State, on account of race, color, or previous con-
**dition of servitude.

** Section 2. The Congress shall have power to enforce
**this article by appropriate legislation,** and.

Resolved, by the General Assembly of the State of Ohio,
That we hereby ratify, on behalf of the State of Ohio, the
above recited proposed amendment to the Constitution of
the United States.

Resolved, That certified copies of the foregoing preamble

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874

and resolution be forwarded, by the Governor of Ohio, to

the President of the United States, to the Presiding officer of

the United States Senate, the Speaker of the United States

House of Representatives, and the Secretary of State of the

United States.

A. J. Cunningham,

Speaker of the House of Representatives.

J. C. Lee,

President of the Senate.
Adopted January 27M, 1870.

United States of America, Ohio, ]

OFFICE OF THE SECRETARY OF STATE. )

I, ISAAC R. SHERWOOD, Secretary of State of the

State of Ohio, do hereby certify that the foregoing is a true

copy of a Joint Resolution therein named, passed by the

General Assembly of the State of Ohio, on the 27th day of

January, A. D. 1870, taken from the original rolls on file in

this office.

In Testimony Whereof, I have hereunto subscribed

my name, and affixed the Seal of this office, at
[seal.]

Columbus, the 27th day of January, A. D. 1870

Isaac R Sherwood

Secretary of State.

[wrapper.]

Executive.

Feby i. 1870
Case of Ohio. State of

Transmits Joint Resolution ratifying the proposed 1 5* Con-
stitutional Amendment, passed Jany. 27. 1870

Respectfully referred to the Hon. the Secretary of State

By order of the President,

O E. Babcock Secretary.

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A Resolution

Whereas, at the session of the fortieth Congress it was

resolved by the Senate and House of Representatives of the

United States of America in Congress assembled, two-thirds

of both Houses concurring, that the following Article shall

j_^be proposed to the Legislatures of the several States as aa

S amendment to the Constitution of the United States, which

§ amendment, when it shall have been ratified by three-fourths
S; of the said Legislatures, shall be valid to all intents and pur-
i;^ poses as a part of the said Constitution, namely:

•— ^ Article Fifteenth

1" The right of citizens of the United States to vote shall not

be denied or abridged by the United States or by any State on

account of race or color, or previous condition of servitude.

2** The Congress shall have power to enforce this article by

appropriate legislation.

Therefore resolved, if the Senate concur. That the said

proposed amendment to the Constitution be, and the same is

hereby ratified by the Legislature of the State of Georgia.

R. L. M^'Whorter

Jno. J. Newton Speaker House Rep*

Clerk House Rep*

Benjamin Conley

J. G. W. Mills President of the Senate

Secretary of the Senate

Approved February 2** 1870.

RuFus B. Bullock Governor.

875

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876

Georgia :

Secretary of State's Office.

I, David G. Cotting, Secretary of State of Georgia, do
hereby certify, that the above and foregoing page contain a
true copy of the Resolution, ratifying the fifteenth amend-
ment to the Constitution of the United States, passed by the
General Assembly of Georgia on the 2^ day of February,
A. D. 1870. — the original of which resolution is on file in
this office.

Given under my Hand and the Great Seal of the
State, at the Capitol, in Atlanta, this, the 3** day of
February in the year of our Lord Eighteen Hundred
and Seventy, and of the Independence of the United
States of America, the Ninety-Fourth

David G. Cotting —

Secretary of State.

[address.]

Hon. Hamilton Fish

Secretary of State U. S.

Washington D. C.
Resolution passed by
Legislature of Georgia — rat-
ifying 1 5*** amendment.

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STATE OF IOWA.

Executive Office,

Des Moines, February 4th, 1870.
Sir:

I have the honor to transmit herewith ** Joint Resolution

** ratifying the proposed Fifteenth Article of Amendment to

**the Constitution of the United States, relative to the right

**of citizens to vote,'' adopted by the General Assembly of

the State of Iowa, February 3, 1870.

Sam Merrill
To Secretary of State

Washington.

JOINT RESOLUTION

Ratifying the proposed Fifteenth Article of Amend-
ment to the Constitution of the United States, rela-
tive to the Right of Citizens to vote.

Whereas, The Fortieth Congress of the United States
has proposed to the legislatures of the several States the fol-
lowing article of amendment to the Federal Constitution,

namely :

-ARTICLE XV.

** Section I. The right of citizens of the United States to
vote shall not be denied or abridged by the United States, or
by any State, on account of race, color, or previous condition

of servitude.

877

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878

** Section II. The Congress shall have power to enforce
this article by appropriate legislation/'

Therefore, Be it Resolved by the General Assembly of
the State of Iowa, That the State of Iowa, by its legislature,
hereby ratifies, adopts, and assents to the said amendment

Aylett R. Cotton,
Speaker of the House of Representatives.
M. M. Walden,

President of the Senate.
Approved, February 3, 1870.

Samuel Merrill.

State of Iowa, ")

executive office.)

I, SAMUEL MERRILL, Governor of the State of Iowa,

and keeper of the Great Seal thereof, do hereby certify that

the foregoing is a true copy of a Joint Resolution therein

named, passed by the General Assembly of the State of Iowa

on the third day of February, A. D. 1870.

In Testimony Whereof, I have hereunto subscribed

my name, and caused to be affixed the Great
[seal].

Seal of the State of Iowa, at Des Moines, this

fourth day of February, A. D., 1870.

Sam Merrill

By the Governor:

Ed Wright

Secretary of State,

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State of Nebraska,

Executive Department,

Lincoln, Nebraska, Feb'y. 17 1870
Sir:

I have the honor to transmit herewith a certified copy of

a Concurrent Resolution of the Legislature of this State,

ratifying the Amendment to the Constitution of the United

States, proposed by Congress, as Article Fifteenth of the

Constitution.

Very Respectfully,

Your Obedient Servant

David Butler

Governor.

To Hon Hamilton Fish

Secretary of State

Washington D. C.

State of Nebraska,

Secretarvs Department,

I, THOMAS P. KENNARD, Secretary of State of the
State of Nebraska, hereby certify that the annexed is a true
copy of a Concurrent Resolution of the Legislature of the
State of Nebraska, ratifying an amendment to the Constitu-
tion of the United States, passed February 17th 1870, as

taken from the original on file in this department.

879

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88o

In Testimony Whereof I have hereunto set my
hand, and affixed the Great Seal of the State of
Nebraska.

Done at Lincoln this Seventeenth day of Feb-
[sEAL.] ruary, in the year of our Lord One Thousand
Eight Hundred and Seventy, of the Independ-
ence of the United States the Ninety-fourth, and
of this State the Third.

Thom. p. Kennard
Secretary of State.

CONCURRENT RESOLUTION
Ratifying an Amendment to the Constitution of the United

States.

Whereas, The Legislature has received official notifica-
tion of the passage by both houses of the Fortieth Congress
of the United States, at its third session, of the following
proposition to amend the Constitution of the United States,
by a constitutional majority of two-thirds thereof, in words
following, to-wit:

A resolution proposing an amendment to the Constitution
of the United States, Resolved by the Senate and House of
Representatives of the United States of America in Congress
assembled, (two-thirds of both houses convening,) That the fol-
lowing article be proposed to the Legislatures of the several
States as an amendment to the Constitution of the United
States, which, when ratified by three-fourths of said Legisla-
tures, shall be valid as part of the Constitution, namely:

Article XV.

Section i. The right of citizens of the United States to
vote shall not be denied or abridged by the United States or

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88i

hO i: by any State on account of race, color, or previous condition
jVi of servitude.

Section 2. The Congress shall have power to enforce
ay: this article by appropriate legislation.

H:. And, Whereas, Three-fourths of the Legislatures of the

tc\ States composing the United States are required to give

LTi:. assent to the said proposed amendment to the Constitution

of the United States, before it becomes a part thereof;
) Therefore, Resolved by the Legislature oj the State of Ne-

iit braska. That we hereby ratify, on behalf of the State of

Nebraska, the above recited proposed amendment to the
Constitution of the United States.

Resolvedy That certified copies of the foregoing preamble
and resolution be forwarded by the Governor, to the Presi-
dent of the United States, the Presiding Officer of the United
States Senate, the Speaker of the United States House of
Representatives, the Secretary of State of the United States,
the Members of the Senate and House of Representatives
of the United States and the Governors of the several States.

Wm. McLennan,
Speaker of the House of Representatives,
E. B. Taylor,
President of the Senate,
Passed February 17th, 1870.

.r..::-

State of Nebraska,

Executive Department,

Lincoln, Nebraska, Feb'y. 17 1870
Sir:

I have the honor to transmit herewith a certified copy of

a Concurrent Resolution of the Legislature of this State, rati-
4 AP 36.

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882

fying the Amendment to the Constitution of the United
States, proposed by Congress, as Article Fifteenth of the
Constitution.

Very Respectfully,

Your Obedient Servant

David Butler

Governor.
To His Excellency U. S. Grant

President of the U. S.

Washington D. C.

State of Nebraska,

SECRETARYS DEPARTMENT,

I, THOMAS p. KENNARD, Secretary of State of the
State of Nebraska, hereby certify that the annexed is a true
copy of a Concurrent Resolution of the Legislature of the
State of Nebraska, ratifying an amendment to the Constitu-
tion of the United States, passed February 17th, 1870, as
taken from the original on file in this department.

In Testimony Whereof I have hereunto set my
hand, and affixed the Great Seal of the State of
Nebraska.
TciTAT 1 Done at Lincoln this Seventeenth day of Feb-

ruary, in the year of our Lord One Thousand
Eight Hundred and Seventy, of the Independ-
ence of the United States the Ninety-fourth, and
of this State the Third.

Thom p. Kennard
Secretary of State.

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883

CONCURRENT RESOLUTION
Ratifying an Amendment to the Constitution of the United

States.

A resolution proposing an amendment to the Constitution
of the United States. Resolved by the Senate and Hoiise of
Representatives of the United States of America in Congress
assembled, (two-thirds of both houses convening,) That the
following article be proposed to the Legislatures of the sev-
eral States as an amendment to the Constitution of the
United States, which, when ratified by three-fourths of said
Legislatures, shall be valid as part of the Constitution,

namely :

Article XV.

Section i. The right of citizens of the United States to
vote shall not be denied or abridged by the United States or
by any State on account of race, color, or previous condition
of servitude.

Section 2. The Congress shall have power to enforce
this article by appropriate legislation.

Therefore, Resolved by the Legislature of the State of
Nebraska, That we hereby ratify, on behalf of the State of

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884

Nebraska, the above recited proposed amendment to the
Constitution of the United States.

Resolved, That certified copies of the foregoing preamble
and resolution be forwarded by the Governor, to the Presi-
dent of the United States, the Presiding Officer of the United
States Senate, the Speaker of the United States House of
Representatives, the Secretary of State of the United States,
the Members of the Senate and House of Representatives
of the United States and the Governors of the several States.

Wm. McLennan,
Speaker of the House of Representatives,
E. B. Taylor,

President of the Senate,
Passed February 17th, 1870.

[wrapper.]
Executive.

Feb 25 1870

Case of Nebraska.
Certificate

of the ratification of the 15*** Amendment to the Constitu-
tion by that State

Respectfully referred to the Hon. the Secretary of State

By order of the President

O E. Babcock

Secretary.

State of Nebraska,

Executive Department,

Lincoln, Nebraska, Feb'y. 17 1870
Sir:

I have the honor to transmit herewith a certified copy of

a Concurrent Resolution of the Legislature of this State,

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885

ratifying the Amendment to the Constitution of the United
States, proposed by Congress, as Article Fifteenth of the
Constitution.

Very Respectfully,

Your Obedient Servant

David Butler

Governor.
To Hon Schuyler Colfax

President U. S. Senate

Washington D. C.

State of Nebraska,

Secretarys Department,

In Testimony Whereof I have hereunto set my

hand, and affixed the Great Seal of the State of

Nebraska.
_ _ Done at Lincoln this Seventeenth day of Feb-

[SEAL.J

ruary, in the year of our Lord One Thousand
Eight Hundred and Seventy, of the Independ-
ence of the United States the Ninety-fourth, and
of this State the Third.

Thom. p. Kennard
Secretary of State.

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886

CONCURRENT RESOLUTION
Ratifying an Amendment to the Constitution of the United

States.

A resolution proposing an amendment to the Constitution
of the United States. Resolved by the Senate and House of
Representatives of the United States of America in Congress
assembled, (two-thirds of both houses convening,) That the
following article be proposed to the Legislatures of the sev-
eral States as an amendment to the Constitution of the
United States, which, when ratified by three-fourths of said
Legislatures, shall be valid as part of the ^Constitution,

namely :

Article XV.

Section i. The right of citizens of the United States to
vote shall not be denied or abridged by the United States or
by any State on account of race, color, or previous condition
of servitude.

Section 2. The Congress shall have power to enforce
this article by appropriate legislation.

Therefore, Resolved by tlie Legislature of the State of
Nebraska, That we do hereby ratify, on behalf of the State

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88;

of Nebraska, the above recited proposed amendment to the
Constitution of the United States.

Resolved, That certified copies of the foregoing preamble
and resolution be forwarded by the Governor, to the Presi-
dent of the United States, the Presiding Officer of the
United States Senate, the Speaker of the United States
House of Representatives, the Secretary of State of the
United States, the Members of the Senate and House of Rep-
resentatives of the United States and the Governors of the

several States.

Wm. McLennan,

Speaker of the House of Representatives,

E. B. Taylor,

President of the Senate.

Passed February 17th, 1870.

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Joint Resolution
Whereas, The Legislature of the State of Texas has re-
ceived official notification through His Excellency E. J.
Davis, Governor of the State of Texas, of the passage by
both houses of the fortieth Congress of the United States, at
its third session, of the following proposition to amend the
Constitution of the United States, by a Constitutional Ma-
jority of two thirds thereof, in the words following, to wit:
A Resolution proposing an Amendment to the Constitution
of the United States.
Resolved, by the Senate and House of Representatives
of the United States of America in Congress assembled,
(two thirds of both houses concurring). That the following
article be proposed to the Legislature of the several States
as an Amendment to the Constitution of the United States,
which when ratified by three fourths of said Legislatures,
shall be valid as a part of the Constitution, namely : —

c ^' Article 15.

Section, I. ^

The right of citizens of the United States to vote shall
not be denied or abridged by the United States or by any
State on account of race, color, or previous condition of serv-
itude.

Section 2.

The Congress shall have power to enforce this article by

appropriate legislation.

Schuyler Colfax

Speaker of the House of Representatives

B. F. Wade

President of the Senate pro tempore.

888

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889

Attest :

Edwd. M^Pherson

Clerk of House of Representatives.
Geo. C. Gorham

Secretary of Senate, U. S.
And whereas, the Reconstruction Laws of the Congress of
the United States, under which we are now assembled,
among other things have delegated to this body authority
to adopt or reject said amendment, therefore

Resolved, by the Legislature of the State of Texas, That
we do hereby ratify, on behalf of the State of Texas, the
above recited proposed Amendment to the Constitution of
the United States.
Resolved,

That certified copies of the foregoing preamble and
resolution be forwarded by His Excellency E. J. Davis, Gov-
ernor of the State of Texas, to the President of the United
States, to the Presiding Officer of the United States' Senate,
the Speaker of the United States' House of Representatives
and to the Secretary of State of the United States.

(signed) Ira H. Evans
Speaker of the House of Representatives,
(signed) J. W. Flanagan

President of the Senate.
Attest:

(signed) L. J. Gallant

Clerk House of Representatives,
(signed) C. C. Allen

Secretary of Senate.

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890

Headquarters Fifth Military District

Office of Civil Affairs

Austin, Texas, February 25 1870.

I hereby certify that the above is a true and correct copy

of the Joint Resolution, adopted by the Legislature of Texas,

on the 18*^ day of February 1870, as appears from the

Journals of the two Houses.

J J Reynolds

Brevet Major General U. S. A.

Commanding.

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Joint Resolution.
Ratifying Article XV of the Constitution of the

UNITED STATES.

Whereas — ^The Congress of the United States did on the
Twenty-seventh day of February One Thousand, Eight Hun-
dred and Sixty nine, propose the following Amendment to
the Federal Constitution.

Article XV

Section One — The right of Citizens of the United States to
vote shall not be denied or abridged by the United States
or by any State on account of Race, Color, or previous Con-
dition of Servitude.
Section two — The Congress shall have power to enforce this

Article by appropriate legislation.
And whereas, A copy of the same has been officially laid
before this Legislature therefore be it.

Resolved — By the Legislature of the State of Minnesota
That the said amendment be and the same is hereby

ratified.

William H. Yale,

President of the Senate.

Jno. L. Merriam;

Speaker of the House of Representatives

Approved — ^January 19*** 1870.

Horace Austin,

Governor.

891

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892

Passed the Senate January 12'** 1870.

F. E. Snow.
Secretary of the Senate
Passed the House of Representatives January 13'** 1870.

W. R. Kenyon
Chief Clerk House of Representatives

( State of Minnesota
(Office of the Secretary of State
I certify the within to be a true and correct copy of the
original Joint Resolution on file in this office. —

In Testimony Whereof I have hereunto set my
[seal.] hand and affixed the Great seal of state this 15*
day of February A. D. 1870. —

H. Mattson

Sec^ of State

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Hamilton Fish,

Secretary of State of the United States.

To all to Whom these Presents may come, Greeting:

Know Ye that, the Congress of the United States on or
about the Twenty seventh day of February, in the year one
thousand eight hundred and sixty nine, passed a Resolution
in the words and figures following : to wit —

**A Resolution proposing an Amendment to the Consti-
tution of the United States.

Resolved by the Senate and House of Representatives of
the United States of America in Congress assembled, (two-
thirds of both houses concurring,) That the following Article
be proposed to the legislatures of the several States as an
amendment to the Constitution of the United States, which,
when ratified by three-fourths of said legislatures, shall be
valid as part of the Constitution, namely :

Article XV.

Section i . The right of citizens of the United States to vote

shall not be denied or abridged by the United States or by

any State on account of race, color, or previous condition of

servitude.

Section 2. The Congress shall have power to enforce this

article by appropriate legislation."

And, further, that it appears from official documents on

file in this Department that the Amendment to the Constitu-

893

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894

tion of the United States proposed as aforesaid has been
ratified by the Legislatures of the States of North Carolina,
West Virginia, Massachusetts, Wisconsin, Maine, Louisiana,
Michigan, South Carolina, Pennsylvania, Arkansas, Con-
necticut, Florida, Illinois, Indiana, New York, New Hamp-
shire, Nevada, Vermont, Virginia, Alabama,. Missouri,
Mississippi, Ohio, Iowa, Kansas, Minnesota, Rhode Island,
Nebraska and Texas, in all twenty nine States.

And, further, that the States whose Legislatures have so
ratified the said proposed Amendment, constitute three
fourths of the whole number of States in the United States.

And, further, that it appears from an official document
on file in this Department that the Legislature of the State
of New York has since passed Resolutions claiming to with-
draw the said ratification of the said Amendment which had
been made by the Legislature of that State, and of which
official notice had been filed in this Department

And, further, that it appears from an official document on
file in this Department that the Legislature of Georgia has
by Resolution ratified the said proposed Amendment.

Now therefore, be it known that I, Hamilton Fish, Secre-
tary of State of the United States, by virtue and in pursu-
ance of the second section of the Act of Congress approved
the twentieth day of April in the year eighteen hundred and
eighteen, entitled **An Act to provide for the publication of
the Laws of the United States and for other purposes," do
hereby certify that the Amendment aforesaid has become
valid to all intents and purposes as part of the Constitution
of the United States.

In testimony whereof, I have hereunto set my hand and
caused the seal of the Department of State to be affixed.

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895

Done at the city of Washington this thirtieth day
of March in the year of our Lord one thousand

FSEAL 1

*- '-* eight hundred and seventy, and of the Independ-
ence of the United States the ninety fourth.

Hamilton Fish

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State of New Jersey.

Joint Resolution
ratifying the Amendment to the Constitution of the United
States, known as the Fifteenth Amendment.
I. Be it resolved, by the Senate and General Assembly of
the State of New Jersey. That the legislature of this State
do hereby ratify the amendment to the Constitution of the
United States, proposed at the third session of the fortieth
congress by resolution of the Senate and House of Repre-
sentatives of the United States of America in congress
assembled, to the several state legislatures ; said amendment
being the following words to wit :

Article XV.

Section i. The right of citizens of the United States to vote
shall not be denied or abridged by the United States or by
any state on account of race, color or previous condition of
servitude.

Section 2. The congress shall have power to enforce this
article by appropriate legislation.
Approved February 21, 1871.

STATE OF NEW JERSEY.
I, HENRY C. KELSEY, Secretary of State of the
State of New Jersey, Do Hereby Certify, that the

Joint Resolution

[seal.] foregoing is a true copy of a [**n Act'' stricken

896

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897

out] passed by the Legislature of this State, and
approved by the Governor the Twenty-first day of

February A. D. 1871 as taken from and compared with the

original now on file in my office.

In Testimony Whereof, I have hereunto set my hand, and

affixed my official seal, this Sixteenth day of March Eighteen

hundred and seventy-one

HenrV C. Kelsey

[indorsement.]

Certified Copy of

Joint Resolution

ratifying the amendment to the Constitution of the United

States known as the Fifteenth Amendment
4 AP 37.

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Full text of "Documentary history of the Constitution of the United States of America, 1786-1870"

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